Dáil debates

Tuesday, 7 July 2009

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages

 

12:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I have considerable sympathy for Deputy Flanagan's amendment, although I am opposed to the section.

If a defendant has legal representation present, which I assume he or she would, could the defendant call every garda in the locality as a witness to testify that he or she is not a member of a criminal organisation? The Minister says any garda or former garda could be called upon to testify that a person is part of a criminal organisation or that such an organisation exists. I presume the opposite is true and that a defendant could call gardaí to refute the charge or, at least, cast a doubt on it.

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