Murphy trial - Families deserve more consideration

THE importance of giving relatives of crime victims an opportunity to address the court was graphically illustrated in the emotional conclusion of the Brian Murphy manslaughter case.

But the ongoing failure of the system to cater adequately for the sensibilities of relatives was painfully evident in the deeply moving words of Mary Murphy, the dead youth’s broken-hearted mother.

No parent ever expects to have to endure the ordeal of hearing how a beloved child was killed. Nor should any parent be cast into a position where they feel intimidated and bereft of support in the way Brian Murphy’s mother did.

Because of the adversarial nature of the Irish legal system and overcrowding at Dublin Central Criminal Court, the Murphy family were crammed into a bench in the body of the court, amid barristers, solicitors, the accused and the media.

In the eloquent words of Mary Murphy, it was a scene where “all of those people had a voice. Brian and our family, I felt, had no voice. That was why I felt surrounded and under attack”.

Her unforgettable statement has encapsulated, in harrowing terms, a predicament shared by many other shattered families who found themselves surrounded by people who “didn’t want to know” about their tragedy.

Thanks to the tireless work of the Victim Support group, victim impact statements are heard more often today. But to the eternal shame of successive administrations, they are not yet mandatory.

There are compelling arguments for victim statements to be made mandatory in major criminal cases.

And yet there have been occasions when judges actively discouraged relatives from addressing the court.

Admittedly, not everyone can command the simple but forceful eloquence of Mary Murphy’s statement. But in a nation where a week seldom passes without reports of yet another brutal killing, it would at least give people a chance to speak about crimes that will haunt them long after the trial has closed.

Not only would it afford them an opportunity to speak openly about the dreadful repercussions of the violent death of a loved one, it would also give the grieving family a sense that they too can play an integral part in the trial itself, even though it would make no difference to the sentence handed down.

According to the terms laid down in a Victim’s Charter drawn up by the Government, they should be kept informed in cases of appeals, reviews and early releases.

But while this scenario has improved to some degree, there is an urgent need to extend the scope of the charter as many people still feel let down by a system that should offer them greater protection and support in times of trauma.

In murder and manslaughter cases, the Victim Support group underline the need for a system where advocates would liaise with families during investigations and throughout the court process.

The glaring inadequacy of Ireland’s creaking court network was patently obvious in the Brian Murphy trial which ran for seven weeks in a small, airless and overcrowded courtroom.

Surely in this day and age, it is not beyond the bounds of reason to insist that much greater consideration be given to the plight of families in court and, in particular, that special seating be reserved at all times for the parents and relatives of victims.