Written answers

Tuesday, 7 July 2009

Department of Justice, Equality and Law Reform

Garda Investigations

12:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 354: To ask the Minister for Justice, Equality and Law Reform the number of suspected and proven instances respectively of jury intimidation and tampering as opposed to that of witnesses. [27475/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There is a specific statutory offence of intimidation of members of a jury. Section 41 of the Criminal Justice Act 1999 makes it an offence to harm or threaten or in any other way intimidate or put in fear another person who is assisting in the investigation by An Garda Síochána of an offence, or is a witness or potential witness or a juror or potential juror in proceedings for an offence, or a member of his or her family, with the intention thereby of causing the investigation or the course of justice to be obstructed, perverted or interfered with.

I am informed by the Garda authorities that separate records are not maintained of offences under section 41 as between those directed against witnesses and those directed against jurors. Accordingly, the information available from the Gardaí covers both categories of individuals. The Deputy will appreciate that, of their nature, instances of intimidation of jurors are less likely to come to notice than instances of witness intimidation.

The following table shows the position with regard to the number of proceedings that have been commenced for offences under Section 41 of the 1999 Act for the period from 2002 to 29 May 2009.

YearProceedings
2009 (to 29 May)7
200816
200716
200644
200522
200430
200330
200211

The statutory provisions available to counteract jury intimidation reflect the gravity of the offence. The Gardaí rigorously enforce these provisions and, of course, will continue to do so. Further legislative action is being taken, including a significant increase in the penalty following conviction for jury intimidation, in the context of the Criminal Justice (Amendment) Bill 2009 which is before the House at present.

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