Showing posts with label courts. Show all posts
Showing posts with label courts. Show all posts

Friday 29 December 2006

Government's response to organised crime

Crisis talks on organised crime took place on Monday at a meeting attended by Taoiseach Bertie Ahern, Justice Minister Michael McDowell, Garda Commissioner Noel Conroy and Assistant Commissioner Fachtna Murphy. They were expected to discuss the speeding up of the court system, tightening bail laws and the level of garda resources.
It was later announced that the DPP will have a greater role to play in opposing bail applications; additional staff will be allocated to prepare cases for court in a more expeditious manner; more civilians will be recruited to carry out administrative work normally carried out by gardaí, 1,200 new garda patrol cars (to replace older vehicles) will be on the road within a month, and already the order has been placed for a long-awaited radio communications system.
Later in the week Mr McDowell announced that he had signed new regulations which allow gardaí to detain suspects for questioning about certain crimes for up to 24 hours, instead of 12 as at present.

Judges take umbrage

On Thursday a member of the Supreme Court commented on the barrage of criticism directed at the judiciary since the gunning down of 20-year-old plumber Anthony Campbell, because he happened to be working in the house in which drug dealer Martin Hyland was hiding when he was shot dead. Speaking in the Court of Criminal Appeal, Justice Adrian Hardiman said, "The court pays the comments in question no attention whatever". Without mentioning any names he referred to what was very reasoned argument from Minister for Justice Michael McDowell, and politicians of all shades, as "strident and repeated public comments" which were given "wide and excited coverage in the media". Justice Hardiman went on to say that it was the duty of judges to decide cases "in accordance with the Constitution and the law" but ignored the fact that they were being accused of failing to do exactly that.
That night Minister McDowell held his annual Christmas drinks reception at King's Inn but, according to the Irish Times, the event was boycotted by the majority of the judges of the High Court and Supreme Court. This is being interpreted as the judges' way of showing that they consider themselves above criticism, from a Minister for Justice or anyone else. It did, however, only generate more criticism, making Mr McDowell something of a hero in the eyes of many.
On Friday evening RTÉ asked retired judge Justice Feargus Flood his view of Mr McDowell's comments. He was strident in his condemnation of a Minister attempting to give advice to the judiciary, but that only generated phone calls and text messages to RTÉ, mostly critical of Justice Flood.

  • In dealing with the case before him Justice Hardiman refused to reduce the seven-year sentence imposed on a Carlow drug dealer. Cocaine with an estimated street value of €21k had been found in the bedroom of Andrew Dermody (24).
  • In the week's first significant drug case Bernard White (33), of Clonshaugh in Dublin, was given a ten-year sentence for possession of cannabis worth €17,500. Judge Thomas Teehan accepted, however, that White was "a relatively minor cog in the operation" and suspended five years of the sentence.
  • On Thursday Justice Joseph Matthews imposed a 12-year sentence on Keith Mahon (30), of Tallaght, who had been found in possession of cocaine with a potential street value of €1.9m. Mahon, who regularly processed the drug for other dealers, had pleaded guilty and had three years of his sentenced suspended.
  • Anthony Swift (21), of Tallaght, could have had the mandatory ten-year sentence imposed on him when he pleaded guilty to possessing cocaine worth €70k and two unlicensed shotguns. Instead the judge set him free but with an eight-year suspended sentence hanging over him.

Monday 18 December 2006

The Courts

  • President Mary McAleese will be asked to appoint nine new judges in a bid to reduce waiting periods for cases to be heard. Two will be assigned to the High Court, two to the Circuit Court and the remainder to the District Court; the president has already sworn in two new High Court judges. Minister for Justice Michael McDowell has yet to nominate the new judges.
  • Imposing a seven-year sentence on William O'Brien (21) of Tralee, Co. Kerry for a serious sexual assault, Justice Paul Carney suspended the final three years due to a number of factors, including O'Brien's confession. O'Brien, who had consumed beer and cannabis prior to the attack, was accompanied by his father when he gave himself up to gardaí. Describing the 2004 assault as an "isolated incident", Justice Carney ordered that O'Brien be placed on the sex offenders' register but said he saw no need for post-release supervision.
  • Judge James O'Connor was given quite a bit of publicity over remarks made in the course of a trial at Tralee District Court on Wednesday. On convicting Polish national Robert Kwiatkowski (25) of handling a stolen laptop computer, Judge O'Connor gave him 48 hours to leave the country or face a seven-month jail sentence. In doing so he said, "Don't come in here looking for asylum, or whatever status is going, and within ten days be engaged in criminal activity".
  • An application by a lesbian couple to have their Canadian marriage recognised in this country has been rejected by the High Court. Dr Katherine Zappone, a public policy consultant from the US, and Dr Anne Louise Gilligan, an academic, had argued that the failure to recognise their marriage breached their rights under the Irish Constitution and the European Convention on Human Rights. Justice Elizabeth Dunne did not agree, ruling that marriage, as defined in the Constitution, clearly referred to the union of a man and a woman. The couple expressed disappointment with the outcome and will take time to consider whether they should appeal to the Supreme Court.
  • Joseph Keane (18) was charged in Limerick District Court on Wednesday with the murder of Darren Coughlan (18) of Moyross, Limerick in November of last year. Keane is the son of crime boss Kieran Keane who was murdered in 2003. Two other 18-year-olds have already been charged with murdering Mr Coughlan, who died in hospital some days after being beaten by a gang of young people.
  • Hassan Hassan (38), the Lebanese partner of murder vicgim Baiba Saulite, appeared before Dublin Circuit Criminal Court on Saturday. He was supposed to be sentenced for abducting his two children from their mother and taking them to Syria. They were later returned to Ireland. Sentencing was adjourned until next week and Hassan was returned to prison where he is serving a sentence for car theft.
  • Mark Kavanagh (34) from Dundalk appeared before Dublin District Court on a charge that he caused a breach of the peace. He had earlier entered the headquarters of the Football Association of Ireland, poured petrol over himself and threatened to set the place alight. He was protesting at the FAI's decision to reject Dundalk as a Premier Division club.