Brian Hayes (Dublin South West, Fine Gael) | Oireachtas source

I move amendment No. 42:

In page 47, between lines 25 and 26, to insert the following:55.--(1) In a trial on indictment of an offence under financial services legislation,

the trial judge may order copies of any of the following documents to be given to

the jury in such form as the judge considers appropriate:

(a) any document admitted in evidence at the trial;

(b) the transcript of the opening speeches of counsel;

(c) any charts, diagrams, graphics, schedules or agreed summaries of evidence produced at the trial;

(d) the transcript of the whole or any part of the evidence given at the trial;

(e) the transcript of the closing speeches of counsel;

(f) the transcript of the trial judge's charge to the jury;

(g) any other document that, in the opinion of the trial judge, would be of assistance to the jury in its deliberations including, where appropriate, an affidavit by an accountant or other suitably qualified person summarising, in a form which is likely to be comprehended by the jury, any transactions by the accused or other persons which are relevant to the offence.

(2) If the prosecutor proposes to apply to the trial judge for an order that a document mentioned in subsection (1)(g) shall be given to the jury, the prosecutor shall give a copy of the document to the accused in advance of the trial and, on the hearing of the application, the trial judge shall take into account any representations made by or on behalf of the accused in relation to it.

(3) Where the trial judge has made an order that an affidavit by an accountant or other person mentioned in subsection (1)(g) shall be given to the jury, the accountant or, as the case may be, the other person so mentioned--

(a) shall be summoned by the prosecutor to attend at the trial as an expert witness, and

(b) may be required by the trial judge, in an appropriate case, to give evidence in regard to any relevant procedures or principles within his or her area of expertise.

This amendment provides for the insertion into the Bill of a new section relating to the provision of information to juries in the trial and indictment of offences under the financial services legislation. It is modelled on similar provisions in the Companies Acts.

It provides that, in a trial on indictment of an offence under financial services legislation, the court may order that copies of a range of documents may be provided to members of the jury. The documents include any documents admitted in evidence, transcripts of the opening speeches of counsel, testimony given by witnesses and the judge's charge to the jury, as well as any charts, diagrams, graphics and summaries of evidence produced at the trial.

In particular, they may include an affidavit of an accountant summarising any transactions by the accused relevant to the alleged offence. The purpose in providing that copies of such documents may be given to members of the jury is to facilitate its assimilation and deliberation of issues before the courts which in many cases can be complex and complicated.

Provision is also contained in the section to ensure that where the prosecution proposes to apply to have a copy of the document given to the jury, it will first have to provide a copy to the accused who may make representations to the courts as to whether the document in question should in fact be provided to the jury. In addition, the court may order in the case of an affidavit of an accountant that the person making the affidavit attends and explains to the jury any relevant accounting procedures or principles.

The need for such provisions in other regulated sectors has been acknowledged and legislated for. To date, no like provisions have been introduced in the financial services sector. The objective of the amendment, which was discussed on Committee Stage, is to give the jury, which has to come to a decision in complicated, difficult and complex cases, all of the information it needs to come to the decision that is required, and to do so in a user friendly way which helps it in its deliberations. I understand this mirrors statutes in other aspects of Irish commercial law where this has been required to help juries to get a full understanding of the cases that come before them.

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