Dáil debates

Wednesday, 28 June 2006

Criminal Justice Bill 2004: Report Stage (Resumed).

 

1:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

——-it later transpired that not only had some gang boss shot somebody, he had also videotaped it. The same could apply to sexual crimes. Following a heavily contested case that ended in an acquittal, if eventually some accomplice of the baddie, so to speak, produced the video to the police, in those circumstances I tend to agree with Deputy Howlin that public opinion would be pretty scandalised if nothing happened to the accused person.

On the other hand, we have the old rules about double jeopardy and autrefois acquit. Other questions also occur to me. On the present reading of amendment No. 62, it is arguable that it would be prospective only. The question can be asked if this should be retrospective in regard to a person who is acquitted of, for instance, a high profile murder. Some cases spring to mind at the moment.

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