ORDINARY people would become frustrated and disillusioned with the criminal justice system and be less likely to come forward as witnesses or informants if major criminals were not stopped, the Deputy Garda Commissioner, Mr Noel Conroy, told the High Court yesterday.
Mr Conroy was giving evidence on the fourth and final day of the hearing of a constitutional action taken by Mr John Gilligan, who is on remand in an English prison on drug trafficking charges.
Judgment was reserved in the action, heard by Mrs Justice McGuinness.
Mr Gilligan's lawyers are challenging the constitutionality of the Proceeds of Crime Act 1996 which set up the Criminal Assets Bureau.
He is taking the action against the CAB Mr Barry Galvin, Inspector of Taxes and chief legal officer, CAB Mr Frank Lanigan, the Revenue Sheriff of Co Kildare; the Revenue Commissioners and the Attorney General.
Mr Conroy said major criminals were being forced to work on the "shopfloor" of their activities since the Proceeds of Crime Act came into force late last year. He believed the legislation was important for public confidence in the judicial system as regards criminal activities.
Replying to Mr Frank Clarke SC, for the CAB, Mr Conroy said that in the last 10 years criminals had switched from armed robbery and used that money to get involved in supplying drugs on a grand scale, using runners or "couriers" so they could remove themselves completely from the operation.
They could command respect within the criminal community, he said, so that the runners would not inform on them and in turn some of them had become wealthy.
Mr Conroy said the Proceeds of Crime Act had resulted in major criminal figures attempting to leave the jurisdiction with their acts and trying to dispose of properties. Already, he said, there had been an overall improvement in crime figures. Provisional figures for the first two months of this year showed a decrease of almost 2 per cent on the previous year.
Cross examined by Mr David Langwallner, counsel for Mr Gilligan, Mr Conroy said other police organisations believed the Proceeds of Crime Act to be effective against organised crime. He believed police organisations around the world would examine the legislation closely with a view to going down the same road.
Mr Conroy said the legislation would be important in boosting public confidence in the judicial system as regards criminal activities in this country.
Mr Clarke said there was nothing in the Proceeds of Crime Act which allowed an impermissible interference with the good name of any person involved.
But in this case, he said, the legislation's objective, which concerned the amassing of wealth as a result of criminal activity, was of the highest importance and one to which considerable weight must be given.
Mr Clarke said there were provisions in the legislation, he added, which entitled a person to challenge the evidence against him, to have hearings in private and to be compensated if confiscation orders fell.