Dáil debates

Thursday, 9 July 2009

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed)

 

12:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)

The import of this group of amendments is that notwithstanding that the evidence in question is only as to the existence of a gang, the view is that it would be more appropriate that this would be a garda of more senior rank. This has been the practice up to now and also because of the fact that a more senior garda, not below the rank as suggested in the amendments, would be likely to have more comprehensive information available to him. One cannot expect a garda of any rank to have the same breadth of knowledge and the same sources of information. It is also to avoid or to minimise the possibility of accident.

A gruesome murder that took place in Limerick was reported by RTE to be the unlawful killing of yet another victim who was known to the Garda Síochána and who had criminal associations. When this report was corrected later in the day and when RTE had to apologise, it did so quite properly and fulsomely because it was in error. This was one hell of an error, given the tragedy that had already transpired. The apology went on to explain that RTE only reported what they had reported because they had been briefed and had double-checked it with the Garda Síochána in Limerick. I have been hearing here how expert the Garda Síochána is in advising on its local knowledge of gangs and gang personalities. Whatever views people may hold about the national broadcaster, its accuracy and professionalism in the news department is usually of a very high standard. In this case they reported that the victim was known to the Garda Síochána with all that implies. They only reported that because they were so advised by the local gardaí. This is not a matter we can take lightly. The experience before the Court of Criminal Appeal is that this business is taken very seriously and if a garda is required of a higher rank to make sure from several sources available to him or her, the testimony is likely to be more reliable. This is an additional good reason for the Minister taking one of these amendments on board.

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