Vol. 492 No. 4
132 Ms Fitzgerald asked the Minister for Defence the percentage of cases where accused persons who pleaded not guilty in a trial before a court-martial in 1996 and 1997 were acquitted of some or all of the charges. [14364/98]
The percentage of cases where accused persons, who pleaded not guilty in a trial before a court-martial in 1996 and 1997, were acquitted of some or all of the charges was 66.6 per cent i.e. eight of 12 cases. In those 12 cases the accused persons who pleaded not guilty were found guilty of one or more charges in seven instances.
133 Ms Fitzgerald asked the Minister for Defence the change, if any, he proposes to introduce in the system of court-martial in the wake of the decision of the European Court of Human Rights in the case of Findlay versus The United Kingdom. [14365/98]
There are significant differences between the Irish and British court-martial systems. Irish military personnel, in common with all other citizens, have rights arising from our written Constitution. This constitutional jurisprudence has been applied increasingly in the military legal sphere in recent years. Also, the Courts-Martial Appeal Court, which is a civil court, has full appellate jurisdiction over the finding and sentence of any court-martial. It is considered that our court-martial system conforms with the requirements of the European Convention on Human Rights for a fair and public hearing by an independent and impartial tribunal established by law. I do not consider that any legislative change is required to the court-martial system as operated currently.
134 Ms Fitzgerald asked the Minister for Defence the number of trials of members of the Defence Forces in 1996 and 1997 which were before individual officers exercising summary jurisdiction; and the outcome of these cases. [14366/98]
The position with regard to the number of cases dealt with summarily in 1996 and 1997 and the outcome of those cases is as follows:—
|
Total |
Proven |
Not proven |
|
|
1996 |
1,212 |
882 |
330 |
|
1997 |
864 |
665 |
199 |
135 Ms Fitzgerald asked the Minister for Defence the percentage of cases tried by court-martial where accused persons are defended by lawyers paid out of the legal aid scheme. [14367/98]
Military personnel appearing before a court-martial may apply for free legal aid on broadly the same basis as members of the public appearing before a civil court. In cases tried by court-martial in 1996, 1997 and to date in 1998 no accused person has been defended by a lawyer paid out of the legal aid scheme.
136 Ms Fitzgerald asked the Minister for Defence the percentage of cases where persons arraigned before court-martial in 1996 and 1997 pleaded guilty. [14368/98]
The percentage of cases where persons arraigned before a court-martial in 1996 and 1997 pleaded guilty was 75 per cent, i.e. 21 of 28 cases.
137 Ms Fitzgerald asked the Minister for Defence the number of convictions before court martial in 1996 and 1997; the offences involved; and the sentences imposed. [14369/98]
The number of persons convicted before court martial in 1996 and 1997 was 26. Of those persons convicted a number would have been charged and convicted of more than one offence. The offences involved consisted of assault, three; larceny, three; absence without leave, ten; conduct or neglect prejudicial to good order and discipline, 13; forgery, two; fraudulent misapplication of service property, one; unlawful possession of a controlled substance, two; offence in relation to documents, one; using violence to a superior officer, one; insubordinate behaviour, one; using insulting language, one.
The sentences imposed ranged from a reprimand to imprisonment and included the following reprimands, two; severe reprimands, five; forfeiture of seniority of rank, two; fines (totalling £3,190), 21; reduction to a lower non-commissioned rank, two; discharge from the Defence Forces, two; detentions (to a total of 558 days), 13; imprisonment for 14 days, one.
138 Ms Fitzgerald asked the Minister for Defence the number of prosecutions tried by court martial since 1990 pursuant to section 192 of the Defence Act, 1954; and the principles which govern the exercise by the Garda of their decision to allow offences to be tried in this way. [14370/98]
Since 1990 there have been no prosecutions tried by court martial pursuant to section 192 (3) of the Defence Act, 1954. The principles which govern the exercise by the Garda of their discretionary decision to allow offences to be tried within the military system in accordance with the provision of section 192 (4) (a) are a matter for the Minister for Justice and the Garda authorities.
