Government to consider a second special criminal court

The Government is considering proposals for the opening of a second special criminal court to help clear a backlog of cases involving…

The Government is considering proposals for the opening of a second special criminal court to help clear a backlog of cases involving dissident republicans and organised criminals.

Republicans may also, for the first time, face seizure of their property when, as is expected, the State implements the emergency legislation introduced following the Omagh bombing last year.

A new court, which could open next year, would reduce trial delays which are now stretching for up to a year or more. It would also send a clear signal to dissident republicans, and particularly those responsible for the Omagh bombing, that the State will not tolerate any further terrorist violence.

Dissident republicans associated with the Omagh bomb have been plotting to renew their campaign after apparently receiving encouragement from a number of rejectionist republican figures, both here and in the US.

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Senior gardai are happy that recent action against the dissidents prevented attacks in the North to coincide with the ending of the Mitchell review. However, it was considered that further action needed to be taken to prevent future outbreaks of violence by the dissidents.

Moves to open a second court contrasts with the situation in the mid-1990s, after the first IRA ceasefire, when there was speculation that the Special Court in Green Street might be closed down.

The Government stated in August 1995 that it was reviewing the need for the Special Criminal Court, which is presided over by three judges sitting without a jury.

The Irish Council for Civil Liberties has called for its abolition and for the removal from the statute books of the Offences Against the State Act.

However, following the Omagh bombing and recent revelation that the same terrorist group was considering further acts of violence, the Government's position has been reversed.

Sources pointed out that there is an obligation under European human rights guidelines, aside from issues of natural justice, to bring a case to trial as soon as possible. With the current backlog of serious cases before the Special Criminal Court, defendants could be in custody awaiting trial for lengthy periods.

Now that the extensive court-building programme is nearing completion, it is considered viable to have a second special court to deal with terrorist and organised crime.

Meanwhile, it is also understood that consideration is being given to implementing the post-Omagh legislation which provided powers for the seizure of lands and buildings used in the commission of terrorist offences.

It is understood that in the light of a conviction in relation to a case currently before the courts, officers from the Criminal Assets Bureau will seek an order under the Offences Against the State Act for the seizure of a substantial property. This is not likely to happen until next year.