Commission’s Amicus Curiae Legal Submissions Published Following Hearing
The Irish Human Rights and Equality Commission (the ‘Commission’) has published written legal submissions to the Court of Criminal Appeal in exercise of its amicus curiae (‘friend of the court’) function in a significant case on the rights of accused persons and procedural safeguards required for a fair trial.
The case involves an appeal by the DPP following the acquittal by the Special Criminal Court of two men charged with IRA membership.
The legal submissions presented by the Commission to the Court of Criminal Appeal, which are published today, focused on key principles and rulings from the case law on belief evidence and how other jurisdictions have applied proportionality considerations where intelligence material is being used in prosecution.
The Special Criminal Court excluded the belief evidence of a Garda Chief Superintendent given pursuant to section 3(2) of the Offences Against the State (Amendment) Act, 1972, following the refusal of the Chief Superintendent to provide information on the basis of his belief; and following the decision of the DPP that prosecuting Counsel would not review the file of the Garda witness in order to assess if any disclosure of evidence could be made to the defence.
Appealing the ruling of the Special Criminal Court, the DPP contends that the trial Court erroneously excluded compelling evidence, that is to say the belief evidence of the Chief Superintendent.
Sinéad Gibney, Chief Commissioner of the Irish Human Rights and Equality Commission stated:
“The Commission’s central submission is that significant legal protections are required to ensure that belief evidence remains a proportionate measure to maintain the procedural safeguards required for a fair trial, and that an appropriate balance must be struck between the vital public interest in protecting Garda investigations and, on the other hand, the requirements of a fair trial under the Constitution and the European Convention on Human Rights.”
ENDS/
For further information, please contact:
Karen Joynt, IHREC
01 8589 605 / 087 448 2963
Follow us on twitter @_IHREC
Editor’s Note
The Commission’s written submissions to the Court of Criminal Appeal in the proceedings are available at the following link:
https://www.ihrec.ie/documents/legal-submissions-dpp-v-rk-lm/
The amicus curiae function of the Irish Human Rights and Equality Commission.
The Commission’s functions under the Irish Human Rights and Equality Commission Act 2014 include that of applying for liberty to appear as an amicus curiae (friend of the court) before the superior courts in proceedings that involve, or are concerned with, the human rights or equality rights of any person.
Section 10 of the Irish Human Rights and Equality Commission Act sets out the functions of the Commission and Section 10(2)(e) provides that the IHREC shall have a function:
“to apply to the High Court or the Supreme Court for liberty to appear before the High Court or the Supreme Court, as the case may be, as amicus curiae in proceedings before that Court that involve or are concerned with the human rights or equality rights of any person and to appear as such an amicus curiae on foot of such liberty being granted (which liberty each of the said courts is hereby empowered to grant in its absolute discretion).”
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.