Overturning 'not guilty' verdicts will not help victims

WITHDRAWING THE right of an accused to a fair trial will not help victims of crime, the Irish Council for Civil Liberties has told an Oireachtas justice committee.

The committee was yesterday discussing the Justice for Victims of Crime Bill, which will be introduced to the Oireachtas next year.

Minister for Justice Dermot Ahern this year announced that the Bill would introduce new mechanisms to reopen court cases which had resulted in an acquittal where compelling evidence of guilt emerged after the verdict.

Such a proposal was "superficially attractive" but would result in making the jury process redundant, Irish Council for Civil Liberties director Mark Kelly told the committee.

"Our concern for victims is deep and long-standing. In the aftermath of the tragic events in Limerick there is an acute need for the victims of crime to have their rights protected."

However, allowing a "not guilty" verdict to be overturned did not strengthen the rights of victims. "Such appeals may seem superficially attractive but in their essence they amount to removing the say of the jury."

The council was also concerned that the Bill might allow the use of "bad character" evidence in court cases.

At present a jury is generally not given information about an accused person's previous convictions. Any change to this position could "expose people to the risk of being labelled as criminals", Mr Kelly said, and could sway a jury towards a conviction even if there was insufficient evidence.

The Balance in Criminal Law Review Group, whose recommendations the council was concerned would be reflected in the Bill, had suggested that laws preventing evidence improperly collected by gardaí be relaxed.

Mr Kelly said such a proposal would remove the incentive for gardaí to do their job properly, did not respect the constitutional rights of the accused, and would do nothing to protect the rights of victims.

"None of the measures are capable of impacting positively on the rights of victims of crime."