Dáil Éireann Debate, Wednesday - 18 May 2011
168 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of reported instances of intimidation of witnesses in each of the past three years to date in 2011; the action taken arising therefrom; the number of successful prosecutions; and if he will make a statement on the matter. [12076/11]
Amharc ar fhreagraSection 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 table below shows the position with regard to the number of proceedings commenced and convictions for offences under Section 41 of the 1999 Act for the period from 2008 to 15 May 2011.
|
Year |
Proceedings |
Convictions* |
|
2011 |
9 |
0 |
|
2010 |
41 |
6 |
|
2009 |
31 |
10 |
|
2008 |
18 |
5 |
*Figures provided are provisional and figures will change in the light of the outcome of court proceedings.
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 in the context of the Criminal Justice (Amendment) Act 2009, including a significant increase in the penalty following conviction for jury intimidation from up to ten to 15 years imprisonment and/or an unlimited fine.
