Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 25 Mar 1926

Vol. 14 No. 18

DELAY IN BRINGING PRISONERS TO TRIAL. - QUESTION ON THE ADJOURNMENT.

I gave notice that I would raise a question regarding the delay in bringing to trial certain prisoners. The first case is one of J.J. Mack, and the second is C.F. Ridgeway's case. Mack is charged with murder. There was already a trial for the murder of one named, I think, Bergin, and the prisoner on trial then was, if I remember rightly, found not guilty. The facts of the case have been already made public. The prisoner in question, Mack, was never tried. He was arrested in October, and it was expected and promised he would be tried by the court that opened on the 9th March. His friends have now been informed that his case is not likely to come before the court until June. Inasmuch as the case in question is a matter of a murder which was committed in December, 1925, and that it could not be and probably is not a case where the evidence has to be sought, or the facts in regard to the crime have to be sought, I think there is no good reason for the continued detention and imprisonment of the person who is under charge of murder, and the continued postponement of his trial. The other case is the one of Charles F. Ridgeway, organiser of the Transport General Workers' Union, a very much milder case. The charge is one of conspiracy and intimidation. The case came before the District Court in Dublin on 8th July last year. He was remanded on bail to the Circuit Court commencing on the 14th July. He was brought up at that court, and placed in the dock about 2 o'clock that day, and was informed by the judge that the case would be heard at the November Circuit.

This, of course, is quite a simple case. The court opened on the 17th November, and there was no word of the case during the time the judge sat. He attended on bail, and of course when the court ceased its sitting he remained a free man untried. He was then notified to attend the court sitting on 16th February this year. Towards the latter end of the sitting he was notified that the case was to be tried about two o'clock on a certain day. When the case was called, a consultation took place between the barristers and the judge, during which Mr. Carrigan, the Crown Prosecutor, offered to drop the case on terms. This is a rather extraordinary incident—or at least I hope it is—in the course of a prosecution by the State to have an offer made to withdraw the case if a certain thing entirely unconnected with the case took place, that being that some guarantee be given that the pickets who were acting as strike pickets outside the Metropole would be withdrawn.

This was an offer made to the prisoner and his representative which, after being refused, was mentioned in public in the court. I cannot understand why the Crown Prosecutor or the State Prosecutor, in a case of that kind, should go out of his way to offer to withdraw a prosecution if something was done which was not connected with the case and why the prisoner should be allowed to go free. No undertaking was given in respect of these strike pickets; the prisoner was remanded again and his case will not come up until perhaps June. I do not know when, but at least it will be some time hence. That is to say, the fourth court will have been held in this simple case before the man's trial takes place. He has had to have, in attendance, witnesses each time he was called up, and men cannot be reasonably expected to leave their work to come to the assistance of the prisoner, time after time, in such circumstances. Now the unpleasant feature of this case, that seems to me to demand a certain amount of consideration if not explanation, is that the Crown Solicitor or the State Solicitor is interested in the concern, and his near relatives have been very intimately interested in the concern over which this trouble occurred. The brother of the State Solicitor, once a partner, is a director of the Metropole Company, and the father, who died a year ago, was chairman of the company.

It is not pleasant to think that, acting on the instigation of the State Solicitor, Mr. Corrigan, the brother of the director of the company, at which premises the strike exists, should make a proposition in regard to the strike which, if accepted, would mean the release of the prisoner. Why there should have been a further remand in these circumstances is, in my opinion, an extraordinary proceeding and requires consideration and explanation. The case should not have been mentioned; the offer should not have been made; no proposal for dropping the charge should have been made on conditions of that kind, and if the proposal to drop the charge were made on conditions which might be justified, and if those conditions were not accepted, the charge should have been proceeded with. I say it is unfair to the prisoner in such circumstances. I am assuming, when I talk of the general question of delay in bringing prisoners to trial, that this is not a peculiar case, that it is not an isolated case, and that there are frequent delays in bringing prisoners to trial. I think that the utmost possible effort should be made to avoid continuous remands and continuous imprisonments where men are not on remand, and that prisoners should be tried at the earliest possible moment, even if it may mean an increase in the judiciary. If this is an isolated case, if it does not represent a considerable number of similar delays in bringing prisoners to trial, then I think some explanation is required as to why in this particular case the matter has not been brought to an issue long ago.

I am not sure whether the notice that Deputy Johnson gave covered quite all the matters which he raised. He warned me through you, sir, that he intended to raise the general question of delay in bringing prisoners to trial, with special reference to two cases—ex-Lieut. Joseph Mack and the case of Mr. Ridgeway. He has, of course, raised other matters. He has complained of certain proposals or certain alleged action on the part of counsel for the State in connection with one case. And, very strangely from him, he seems to have complained of the action of the judge in the case. He said it is very difficult to understand why there should have been a further remand in these circumstances and that it requires some explanation. It is not for me to say why there was a further remand.

The remand was on the application of the prosecution.

The remand, presumably, was a remand by the Court.

But when a case of this kind is brought before the court it is presumed by the judge, without doubt, that there is evidence in the hands of the Crown, to be brought before the court, in relation to the prisoner; also when the representative of the State puts forward a plea that there should be a further remand, it is almost automatically given.

At the same time I recognise that I am emphasising what must be very obvious to the Deputy when I say it is not for me to explain judicial action, and the remand was judicial action. Every remand in this case was judicial action.

On the general question of the delay in bringing prisoners to trial, there has, of course, been inevitable delay in the last few years. We had the beginning of a new judicial system and certain parts of the machinery were revised. It was, for instance, provided in the Courts of Justice Act of 1924 that there would be a Court of the High Court Circuit, and that criminal cases outside the criminal jurisdiction of the Circuit Judge would be referred to that. For various reasons, with which it is unnecessary to deal now, it was thought better not to proceed to constitute that Court of the High Court Circuit, but simply to have a Central Criminal Court dealing with cases outside the criminal jurisdiction of the Circuit Judges, and the Courts of Justice Act of 1926 was introduced for the purpose of enabling these accumulated cases to be tried in the Central Criminal Court and to provide as speedy a trial as possible for prisoners awaiting trial. When that Act passed a sitting of the Central Criminal Court was held in the month of January. At that time there were 120 cases for trial before the Court. The Court sat on 18 working days and finally disposed of 20 cases. The nature of the cases brought for trial before the Central Criminal Court in January were for the most part murder, attempted murder, and so on, and a considerable period of time was necessary for the determination of one case. For instance, at the January sitting of the court three murder cases occupied half of the 18 working days. The Central Criminal Court adjourned in January to enable the Circuit Court Judge to take up the criminal business of the Circuit Court. The Circuit Judge sat until the beginning of March and upon his adjourning, the Central Criminal Court resumed its sitting on the 9th March and will adjourn to-morrow until the 14th April, when the present sittings will be continued until the 23rd April. At the beginning of the present sittings 110 cases were on the books for trial at the Central Criminal Court; of these, 23 have been disposed of up to date, leaving 87 still to be heard. At the sittings of the Central Criminal Court and Circuit Court the hearing of cases is arranged with a view to giving priority to those cases in which the defendants are in custody.

After the passing of the Courts of Justice Act, 1926, it was found that some persons were in custody for a considerable period, and their cases have been given priority over other custody cases where the period of imprisonment awaiting trial is less. A few exceptions have been made to this general practice and then only because the particular nature of the case and its importance demanded an early trial. Accordingly it must be remembered that the fact that 87 cases remained for trial at the Central Criminal Court does not mean that 87 persons are in custody. In roughly 70 of these cases the defendants are on bail and there are only 22 persons in custody at the moment awaiting trial at the Central Criminal Courts. Of these 22 some five or six have already been placed upon their trial but, by reason of disagreements of the juries, have been remanded for a further trial. With a view to clearing off all arrears it has been arranged that there will be a continuous sitting of a Criminal Court at Green Street Courthouse until the end of the month of July. Upon the conclusion of the present sittings of the Central Criminal Court on the 23rd April next, the Circuit Judge will open a fresh criminal sitting of the Circuit Court, which will last from the 27th April to the end of May. On the 2nd of June a fresh sitting of the Central Criminal Court will be held and will continue until the 2nd July, when the Circuit Judge will resume again and continue his sittings until the end of July.

With regard to the particular cases mentioned by the Deputy, Joseph Mack, who was charged with the murder of one Joseph Bergin, was arrested on the 23rd October, 1925, and was returned for trial to the Central Criminal Court on the 20th November, 1925. The next sitting of the Central Criminal Court after his remand for trial was held in January, but as I have already pointed out, it was ascertained that there were awaiting trial at that sitting many persons who had been in custody for a longer period than Mack, and accordingly their cases got priority. Similarly, at the present sittings of the Central Criminal Court, persons who had been longer in custody were given priority over him, and only in a few cases, where, owing to their importance, immediate trial was necessary, were persons in a shorter period than Mack tried. I have had inquiries made and am informed that Mack will probably be tried before the present sittings of the Central Criminal Court end —that is, on some day between the 14th and 23rd April.

In the other case mentioned by the Deputy, C.F. Ridgeway, the defendant, was returned for trial in July last to the Circuit Court on a charge of unlawful assembly and was remanded to bail and has since been at liberty. This case was not taken at any of the criminal sittings of the Circuit Court since the committal, as it was desired to give priority to persons who were in custody and to persons on bail who had been returned for trial on a date prior to that upon which he was returned. It is thought, however, that his case will be disposed of at the sitting of the Circuit Court which will start on the 27th April. I think that is all the information I am in a position to give the Deputy arising definitely from his notice. I am not in a position to discuss the other matters to which he referred, and I have no comment to make on his statement. It seems to me to be an unworthy suggestion, that the action of the State counsel in a particular prosecution was determined by the business circumstances of a brother of the Chief State Solicitor.

Will the Minister make inquiries as to why such a proposal should be made and where it came from?

I will make the inquiry if the Deputy wishes.

I would certainly wish it, as I think it is most important.

I understand, from my own personal recollection, that the issue in that case was whether there was any right at all to picket, and whether, in fact, there was a trade dispute within the meaning of the Act.

No, that does not come into it at all, as far as I understand.

If I am to make inquiries, I would want to have something more definite and more specific from the Deputy.

I will send that.

I will make inquiries on any letter sent me, but I could not undertake to make any inquiries from the few remarks made by the Deputy.

May I ask the Minister if he will take into consideration, in cases of this kind, where the State prosecutor is aware of a likelihood that they will not come forward, that the friends of the prisoner in custody will be notified to that effect, and will not have to bring up witnesses involving a great deal of expense?

I will undertake to inquire into every possible method towards mitigating the inconveniences arising from delay in prisoners being brought to trial. As I said, on the general question, that is likely to be steadily decreasing inconvenience. Owing to the problem that arose about the Court of the High Court Circuit an accumulation took place which is only being worked off now. I do not think in the future there will be a recurrence of delays in bringing prisoners to trial; delays as long as those which occurred in some cases within the last year.

The Dáil adjourned at 10.55 p.m.

Top
Share