Vincent P Martin (Green Party) | Oireachtas source

In many criminal trials, one's liberty is at stake. After one's health and life, one's liberty is right up there as a fundamental freedom so all and any admissible avenues ought to be made available and accessible in a criminal trial to ensure justice is done. Except for very good reason, there should be no limitations or strictures placed on the substantive trial. In my experience as a practitioner, I have detected clear evidence in recent times of a disrespect for the oath or affirmation taken before our courts. Often a trial judge, whether in a civil or criminal case, can obtain or stumble upon a game-changing, probative piece of evidence by looking into the recent past. Once, where an allegation has been made, the person on the receiving end is afforded full rights to refute and rebut, I see no difficulty at all. In fact, to deprive a person whose liberty is at stake of the opportunity to go there - let us say it is against a garda - could trammel on the constitutional right to a fair trial. All and every piece of evidence in a non-jury trial which can assist the judge, or in a jury trial which can assist the members of the jury, ought to be put properly before them. There should be no prohibition, except in certain exceptional circumstances that are not likely to arise too often. Let us say a preliminary trial happens and for whatever reason, a significant period of time elapses before the trial itself and in the meantime, the accused is temporarily incapacitated. Let us say it goes on 20 or 30 years later. Perhaps in that instance there would be a prejudicial effect whereby bringing back and adducing that evidence would outweigh its probative value. I can think of very few grounds, apart from such exceptional circumstances. We must ensure that all is done to guarantee justice between the parties. The stakes cannot be higher when one is dealing with one's liberty, both from the point of view of the accused and the victim. This must be done as thoroughly and fairly as possible and as much information as is feasible ought to be brought into the realm of admissible evidence at the trial of the substantive action.