Garda chief warns on court 'imbalance'

The burden of proof in some court cases was "almost unachievable" and the truth was being lost as a result, Garda Commissioner…

The burden of proof in some court cases was "almost unachievable" and the truth was being lost as a result, Garda Commissioner Noel Conroy has said.

The legislature might have a role to play in redressing the perceived imbalance in the criminal justice system, he added.

"Recent reporting of high profile cases suggests a criminal justice system in need of examination, with the burden of proof on the prosecution now set so high as to be, in most prosecutions, almost unachievable and the search for truth being sacrificed in a web of technicalities."

Addressing delegates at the annual conference in Kilkenny of the Association of Garda Sergeants and Inspectors (AGSI), Mr Conroy said gardaí and the public often shared the same frustrations relating to the conducting of some court cases. However, he said gardaí must carry out their duties to the highest standards.

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"While high-profile investigations attract the attention of the media, the bread and butter issues of policing must not be overlooked. Our primary focus must remain on the delivery of a quality policing service to the community we serve."

His comments on the burden of proof follow the failure of a number of high-profile cases hampered by out of date search warrants or other technicalities. However, Minister for Justice Michael McDowell told the AGSI conference on Monday that there was no quick fix to the problem.

Referring again to the media, Mr Conroy said members of the force should not leak information to journalists.

He said he was "constantly amazed" at the apparent ease with which the media obtained details about ongoing investigations. This reflected poorly on the professionalism of the force.

"I fail to understand how such misguided disclosures can in any way be perceived to benefit An Garda Síochána or the criminal justice system and I would urge all our members to be more circumspect and discreet when dealing with representatives of the media."

International drugs gangs had developed a foothold in Ireland in recent years and are using legitimate businesses to disguise their activities. And while the recent strengthening of the Proceeds of Crime Act would greatly assist gardaí in pursuing international crime syndicates, the force's approach to beating these gangs needed to be flexible.

"These groups appear to be becoming increasingly involved in the licit as well as the illicit market, using non-criminal business structures to assist them in their criminal activities. As a result of the increased sophistication of many organised criminal groups, they are able to utilise legal loopholes and differences between (EU) member states, exploiting the anomalies in the various systems. They take advantage of the free movement of money, goods, personnel and services across the European Union and beyond."

He said plans to add 2,000 new recruits to the force by 2008 would be realised within the time-frame. Ten interview boards had been sitting daily since March 14th and would continue to do so until April 1st. Two GPs had also been hired to assist the force's chief medical officer in medically examining would-be recruits.

In the immediate future the force's manpower shortages would be partly alleviated by the transfer of clerical officers to the force from Government departments.

These would fill administrative roles and free up gardaí for frontline duties. The transfer of these individuals had already been agreed by the Government and was imminent.

Other data entry tasks may also be outsourced, Mr Conroy said.

He was determined that the drink culture in Ireland would be tackled and the enforcement of liquor licensing laws was a priority. Underage drinking, on-street alcohol consumption and public intoxication would get particular attention. Around 250 people were still being arrested for drink driving every week, which suggested Irish society was ambivalent to the problem.