Michael McDowell (Dublin South East, Progressive Democrats)

That is a matter I would like to consider. Clearly, at the moment an acquittal is an acquittal but could it be said that from now on acquittals are not absolute acquittals in the sense that they are subject to this process, or would one say, from now on and also in respect of previous acquittals, the same test will apply? Undoubtedly, the Attorney General would have a view on that.

It is a good idea to send this amendment and the substance of amendment No. 63 to the Law Reform Commission and to ask it to take into account the fact that since 2003 in the United Kingdom, there have been provisions in regard to new evidence in serious cases being the basis of re-opening a case, and also in the UK, as far back as 1996, the re-opening of a jury trial has been allowed if intimidation resulted in acquittal. I would not be so sure that I would agree with the second part of amendment No. 63 which provides that a second trial would take place without a jury. I do not say this in a negative way.

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