All garda ranks to testify on suspects' gang links
Criticism of increased powers in new crime bill
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Wednesday July 01 2009
GARDA crime experts of any rank will soon be able to give evidence about a suspect's membership of an organised criminal gang during a trial.
The controversial measure is contained in a newly published bill designed to crack down on gangland crime.
Justice Minister Dermot Ahern last night said he intended to push the bill through the Oireachtas by Friday week -- with the aim of having it enacted by the end of July.
But the timeframe for discussion in the Dail and the Seanad and the proposed use of the Special Criminal Court were strongly criticised last night by Opposition politicians and human rights groups.
It was suggested -- after the murder of Limerick businessman Roy Collins in April -- that a garda chief superintendent would express his opinion in the court that an accused person was a member of a gang.
But after discussions between the minister and Attorney General Paul Gallagher it was decided that any member of the garda -- deemed by the court to have the appropriate expertise -- could give evidence about the existence of a gang.
Senior Justice officials said last night that it was intended that gardai giving such evidence would be generally of at least inspector rank and have extensive operational knowledge of the gang under investigation.
One official told the Irish Independent that, unlike paramilitary cases -- involving organisations such as the IRA that were already proscribed -- the court would require detailed evidence about a criminal gang, which might best be given by a lower ranking officer.
Another controversial measure will allow gardai to give evidence in camera to a district court about the progress of their investigations when applying for an extension of the detention period for a suspect.
At present, such an application must be made in public, but concerns have been expressed by senior gardai that the public process is being exploited by criminals -- to gain knowledge about developments in garda inquiries.
Where a judge is satisfied that an application should not be heard in camera, the gardai will be required to give their evidence again in public.
A similar in-camera ruling may also apply to an application for a search warrant.
The Irish Council for Civil Liberties last night accused the Government of introducing "secret detention hearings" and "detention on the unsupported word of a single garda". It said the proposals trampled on the rule of law. Director Mark Kelly said the administration of justice would be gravely undermined by the measures.
The Irish Human Rights Commission called on the Government to reverse the decision to use the Special Criminal Court. Its president Maurice Manning said the need to tackle organised crime did not justify the automatic restriction of the constitutional right to trial by jury for most organised crime offences.
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Labour's justice spokesman Pat Rabbitte criticised the use of non-jury trials, while Fine Gael's Charlie Flanagan said anti-gangland legislation was no substitute for proper resources for the DPP and gardai.
Under the Criminal Justice (Amendment) Bill, crime bosses face life imprisonment if found guilty of directing the activities of an organised gang while their associates will be put behind bars for up to 15 years for participating in a recognised crime gang.
Meanwhile, Steve Collins, whose son Roy was murdered in shooting in Limerick, said there was an urgent need for the laws to the introduced.
"We are living in fear all the time and the people of Limerick and all over are living in fear. There is nothing to worry about here. The only people who need to worry are the criminals and the gangsters. Ordinary decent people don't have to worry about these laws," he said.
- Tom Brady Security Editor
