MINISTER FOR Justice Dermot Ahern has moved to address “confusion” about new legislation aimed at tackling gangland crime by pointing out that suspects cannot be convicted of gang membership simply on the opinion evidence of gardaí.
Writing in today's Irish Times, Mr Ahern says there has been "an awful lot of confusion" about measures in the Criminal Justice (Amendment) Bill relating to Garda opinion evidence.
While the Special Criminal Court, under the Offences Against the State Act, could accept opinion evidence from a chief superintendent that an accused was in a terrorist organisation, there was no similar provision on gang membership in the new Bill.
Mr Ahern says a Garda member will be able to give expert evidence that a particular gang exists. It would then be up to the court to attach whatever weight it sees fit to that expert evidence.
A spokesman for Mr Ahern said the prosecution must then offer proof that the person before the court is actually a member of the gang on which the expert Garda evidence is given.
“ fundamental point – and where the confusion seems to have arisen – is that that type of evidence deals solely with the issue of whether a criminal organisation exists,” Mr Ahern writes.
“So there is no question of the Bill providing for an officer of chief superintendent or, indeed, at any other level, giving opinion evidence that a person before the court is a member of a criminal organisation.”
Mr Ahern says while “we can have a lofty debate”, people need to be mindful that many gangs are murdering people in the course of their drug dealing and many of these murders are going unsolved.
People in deprived areas where much of the violence was happening were living in fear of gangs who have tried to put themselves above the law.
Mr Ahern said the provisions seeking to convict people of gang membership are ones “which in ordinary circumstances we would not introduce”.
That was why a section has been inserted into the Bill that will only allow the continued use of the Special Criminal Court for gang trials if the Oireachtas, after 12 months, passes a resolution allowing for the continuation of the practice.
A letter from 133 criminal lawyers last week to The Irish Times had said it was “astounding” that society would “jettison ancient rights” under the new legislation.
Mr Ahern said it would be more astounding if we did not act as a society to protect our people in the face of drugs gangs with a propensity for murder. The Bill was motivated, not by a disregard for the law, but by a respect for it and a duty to uphold it.
Last Wednesday’s letter to The Irish Times claimed Ireland would be shamed before the UN and the European Court of Human Rights because of the legislation.
The Bill was passed by a substantial majority, of 118 votes to 23, in the Dáil last Friday.
It goes before the Seanad tomorrow before going to the President for signature. Mrs McAleese has the option of referring the Bill to the Supreme Court to test its constitutionality.