Dáil Éireann Debate, Wednesday - 5 December 2012
77. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the measures he will take to address the ongoing issue of witness or jury intimidation; and if he will make a statement on the matter. [54808/12]
View answerThe intimidation of a witness or juror is an offence under Section 41 of the Criminal Justice Act 1999, which specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, or is a witness or potential witness or a juror or potential juror in proceedings for an offence, or a member of his or her family, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. Conviction on indictment for this offence carries a penalty of up to 15 years imprisonment reflecting the gravity with which the offence is viewed.
Since 1997 the Garda Síochána has operated a Witness Security Programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic witness intimidation. Legislation was not required to establish this Programme, but its operation is supported by Section 40 of the Criminal Justice Act 1999 which makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the Programme. The offence is punishable on indictment by a fine or a term of imprisonment of up to five years.
The Garda Síochána rigorously enforces the provisions in the law relating to witness intimidation and protection. In circumstances where the Senior Investigation Officer in a case has identified a witness who is crucial to the case and the evidence to be preferred is not available elsewhere, and there is a serious threat to the life of the witness or his/her family an application can be made, with the consent of the witness, to have him/her included in the Witness Security Programme. Where a threat to or intimidation of a witness or a potential witness arises during the course of criminal proceedings, the matter may be addressed through the trial judge, who has discretion to revoke bail or place other sanctions on the accused/suspect.
Section 16 of the Criminal Justice Act 2006 allows a Court to admit in certain specified circumstances previous witness statements where a witness recants or refuses to testify at trial. This provision is designed to ensure that witness statements may still be available to the Courts even though the witness subsequently refuses to co-operate because of intimidation. Section 26 of the Criminal Justice Act 2007 empowers a Court, following the conviction of a person for a serious offence, to make a ‘protection of persons’ order. The purpose of the order is to protect the victim of the offence or any other person named in the order from harassment or intimidation by the offender. Other persons that might be listed include relatives of the victim or witnesses.
