Michael McDowell (Independent) | Oireachtas source

Giving somebody a full understanding of the nature of the evidence that the prosecution intends to bring is one thing, and I fully agree with Senator Ward about that, but giving somebody the right to start testing the evidence on a preliminary basis goes one stage further. With regard to striking out the whole proceeding on the basis that there is not a prima faciecase disclosed, the standard of proof is that one assumes that all the evidence in the book of evidence is heard. One does not start putting pencils through bits of it based on a different notion that it could be dodgy evidence. Perhaps if it was clearly hearsay then this would not apply. The courts try to give a discount to people who plead guilty at the earliest available opportunity. This is not simply to aid the victims, it is also an aid to the whole system. An acknowledgement of guilt and a sparing of the time of the court and of the court listing system by an early plea is generally given a judicial pat on the back when it comes to the imposition of any sentence.

If we were to do what is proposed in amendment No. 1 we are certainly going to do what I warned against during the general discussion on section 1. We would introduce a new three-month or six-month delay, almost by definition in every case. People who do not want to go to Mountjoy Prison will say "Let us have a legal debate about the admissibility of my confession" or they may want a legal debate about the history of the injured parties, such as sexual history, and they may even go off to the Court of Appeal at the end of it all. I genuinely think it would be an error.

If this is about shortening trials, they are trials that are already about to happen. It is not about shortening the whole process in respect of trials that may or may not be about to happen. The policy should be to put one's cards on the table and ask "Are you accepting guilt or innocence?", before we start debating tests to the evidence and matters such as what evidence might or might not be brought, or whether an alleged sexual crime victim could be cross-examined as to previous sexual history.Those are the kinds of things you really do not want to bring forward to somebody who will not even acknowledge his or her guilt to start with.