Seanad debates

Tuesday, 8 December 2009

Criminal Procedure Bill 2009: Report and Final Stages

 

6:00 pm

Photo of Paul CoghlanPaul Coghlan (Fine Gael)

I am very taken by the arguments made by Senator Regan and supported by Senator Cummins. I also support them. I know the Minister very much appreciates the arguments made because in the past he said he was conscious of the added benefit retrospective effect would bring. I strongly urge him to bring further thought to bear on the subject in the light of all the arguments advanced.

The UK Act of 2003 was referred to, with the argument that there is no constitutional impediment. Without rehearsing the argumetns again, it is only in cases where there is new or conclusive evidence in which a court would be able to decide on the matter of a retrial, whether on grounds of DNA evidence or an admission. It would be a matter for the courts to decide. There is total respect for the validity of court verdicts. This would apply only where new evidence was found and brought forward. I am taken by the arguments quoted with reference to Mr. Gerard Hogan, SC, and his belief this would not infringe the constitutional position. For all these reasons, therefore, I look forward to hearing the Minister speak on the subject. I hope this will be the outcome because people feel very strongly about the matter. I know the Minister very much appreciates this because he told me as much in a letter he sent me some time ago. In the light of all the arguments made, he may have further thoughts on the matter which I look forward to hearing.

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