Dáil Éireann Debate, Thursday - 18 July 2013
509. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Questions No. 126 and 135 of 13 June 2013, if he will set out the total number of recorded reports of witness intimidation in each of the past ten years to date; the degree to which such reports were followed by proceedings and convictions; the number, if any, of proceedings pending; and if he will make a statement on the matter. [36083/13]
Amharc ar fhreagraAs I indicated to the Deputy in my replies to Parliamentary Questions Nos. 126 and 135 of 13 June, the intimidation of a witness or juror is an offence pursuant to 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, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. Following the enactment of the Criminal Justice (Amendment) Act 2009, the offence is now punishable on indictment by a fine or a term of imprisonment of up to 15 years.
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. The operation of the Programme 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.
The following table shows the number of proceedings commenced and convictions for offences under Section 41 of the 1999 Act for the years 2002 to 16 July 2013.
|
Year |
Proceedings |
Convictions * |
|
2013 |
6 |
1 |
|
2012 |
16 |
0 |
|
2011 |
58 |
11 |
|
2010 |
43 |
13 |
|
2009 |
31 |
13 |
|
2008 |
18 |
4 |
|
2007 |
16 |
3 |
|
2006 |
45 |
10 |
|
2005 |
22 |
3 |
|
2004 |
30 |
7 |
|
2003 |
30 |
7 |
|
2002 |
11 |
2 |
*Figures are provisional as they are recorded in respect of the year in which proceedings commenced and may change in light of the outcome of court proceedings.
