Dermot Ahern (Louth, Fianna Fail)

We believe the amendment is unnecessary. There is a similar provision in section 9(7) dealing with tainted evidence acquittals, but for some reason the Senator has not proposed an amendment to it. The person's absence may be due to him or her having absconded and fled the jurisdiction, and such action on the part of the acquitted person should not have the effect of vetoing a hearing of the application or an appeal, if that is the case.

The acquitted person may have a valid reason for non-appearance and that is why the court may only decide to proceed with the hearing in the absence of the person if it is satisfied in all circumstances to do so in the interests of justice. I am assured the interests of justice test encompasses consideration of whether the prosecution gave the subject of the application or appeal, as the case may be, reasonable notice to facilitate his or her appearance. The amendment is unnecessary.

If somebody had either absconded or left the jurisdiction after an acquittal, the normal extradition rules would apply, especially with the European arrest warrant if somebody was on the continent of Europe. The Senator has argued it is necessary to have the court satisfied of the director's efforts but in these circumstances the court would always be under an obligation to ensure reasonable notification was given.