Written answers

Wednesday, 17 November 2010

Department of Justice, Equality and Law Reform

Witness Intimidation

9:00 pm

Photo of Joe CareyJoe Carey (Clare, Fine Gael)
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Question 78: To ask the Minister for Justice and Law Reform if he will report on the number of persons who have acted as witnesses in criminal trials and now avail of around the clock Garda protection; if he will further report on the number of gardaí involved in this procedure; and if he will make a statement on the matter. [43040/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Deputy will understand that it is not the policy nor would it be in the public interest to comment in detail on matters relating to the personal security of individuals, including information relating to persons who have acted as witnesses in criminal trials and who, as a consequence, may be the subject of Garda protection or persons in the Garda Witness Security Programme. A high level of confidentiality is essential to protect the individuals involved and the operation of the protection measures in place.

Witness intimidation is an offence pursuant to Section 41 of the Criminal Justice Act 1999, which specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. Following the enactment of the Criminal Justice (Amendment) Act 2009, the offence is now punishable on indictment by a fine or a term of imprisonment of up to 15 years.

Since 1997 the Garda Síochána has operated a Witness Security Programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic witness intimidation. Legislation was not required to establish this Programme, but its operation is supported by Section 40 of the Criminal Justice Act 1999 which makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the Programme. The offence is punishable on indictment by a fine or a term of imprisonment of up to five years.

The Garda Síochána rigorously enforces the provisions in the law relating to witness intimidation and protection. In circumstances where the Senior Investigation Officer in a case has identified a witness who is crucial to the case and the evidence to be preferred is not available elsewhere, and there is a serious threat to the life of the witness or his/her family an application can be made, with the consent of the witness, to have him/her included in the Witness Security Programme. Where a threat to or intimidation of a witness or a potential witness arises during the course of criminal proceedings, the matter may be addressed through the trial judge, who has discretion to revoke bail or place other sanctions on the accused/suspect.

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