Dáil Éireann Debate, Wednesday - 16 September 2009
734 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of instances of witness or juror intimidation recorded in the past two years to date in 2009; the prosecutions taken; the number pending; and if he will make a statement on the matter. [31321/09]
Amharc ar fhreagraThere is a specific statutory offence of intimidation of members of a jury. Section 41 of the Criminal Justice Act 1999 makes it an offence to harm or threaten or in any other way intimidate or put in fear another person who is assisting in the investigation by An Garda Síochána of an offence, 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 thereby of causing the investigation or the course of justice to be obstructed, perverted or interfered with.
I am informed by the Garda authorities that separate records are not maintained of offences under section 41 as between those directed against witnesses and those directed against jurors. Accordingly, the information available from the Gardaí covers both categories of individuals. The Deputy will appreciate that, of their nature, instances of intimidation of jurors are less likely to come to notice than instances of witness intimidation.
The following table shows the position with regard to the number of proceedings that have been commenced for offences under Section 41 of the 1999 Act for the period from 2007 to 10 September 2009.
|
Year |
Proceedings |
|
2009 (to 10 Sept.)* |
14 |
|
2008 |
16 |
|
2007 |
16 |
*Figures for 2009 are provisional.
The statutory provisions available to counteract jury intimidation reflect the gravity of the offence. The Gardaí rigorously enforce these provisions and, of course, will continue to do so. Further legislative action has being taken, including a significant increase in the penalty following conviction for jury intimidation, in the context of the recent Criminal Justice (Amendment) Act 2009.
