The Irish Council for Civil Liberties (ICCL) has warned that any expansion in the role of the Special Criminal Court is likely to present insurmountable legal difficulties.
The rights watchdog was reacting to this afternoon’s announcement by the Minister for Justice that consideration is being given to creating new “scheduled” offences that could be heard in the Special Criminal Court.
Speaking shortly after the Minister’s announcement, ICCL Director Mr Mark Kelly said:
“The barbaric murder of Roy Collins has prompted a wave of solidarity with the Collins family, and a profound reconsideration of the State’s response to organised crime. The Government is right to respond in the strongest terms to a problem which blights lives in communities in Limerick and elsewhere; however, it is vital that the State’s response to such illegal activities respects the rule of law.”
Turning to the Minister’s suggestion that new offences might be heard in the Special Criminal Court, Mr Kelly added that:
“The moment that a Government’s reaction to organised crime undermines the presumption of innocence or the right to a fair trial is the moment that the gangs win. Creating new scheduled offences to be tried in the Special Criminal Court will generate more than “drafting issues”; it will create a legal quagmire, and open up a range of new ways for accused people to challenge the legitimacy of their trials”.
“If we are to effectively tackle gangland crime, the Gardaí must be placed in a position to fully enforce existing criminal laws, especially in cases where attempts are made to intimidate key witnesses. The emphasis should be upon intelligence-led and community-based policing, coupled with speedier trial processes designed to protect jurors and witnesses, rather than on undermining the rule of law by expanding the Special Criminal Court” he concluded.