Opposition calls for openness in criminal cases

Opposition justice spokesmen yesterday sharply criticised recent "eccentric" judicial decisions on the reporting of criminal trials, particularly sexual offences. They also demanded that the Minister take the necessary steps to ensure that justice is administered in public as provided in the Constitution.

Mr Alan Shatter, Fine Gael's justice spokesman, said that provisions designed to protect the anonymity of victims "are frequently being used to protect the anonymity of offenders. This has happened on some occasions where victims have said they wanted the offender to be named," he said.

"We have had a series of eccentric decisions by members of the Judiciary who have sought either to prevent the media reporting criminal trials or have taken other steps, which is contrary to the spirit of openness which is supposed to apply to the administration of justice," Mr Shatter said.

"Some judges have taken it on themselves to determine that an offender should not be named. The message should go out from this House that criminal justice must be administered in public and that where people are charged with or convicted of offences in which there are statutory provisions in place, we should seek to protect the anonymity of victims."

"In circumstances where the victims state they are not relying on those provisions, it is in the public interest that the perpetrators of offences, or those accused of offences, are properly named and that the newspapers and the media are not curtailed in publication."

Mr Brendan Howlin, Labour's justice spokesman, referred to a case, reported in a number of newspapers yesterday, on which the judge imposed a "gagging" order. "He banned the mention of anyone connected with the case or even their occupations or the nature of the offence."

There were fears that particularly in sexual abuse cases, this practice would be used to protect the anonymity of the perpetrator.

The Minister for Justice, Mr O'Donoghue, said there might be occasions when the courts "feel there should be restraints in other cases in the interests of the administration of justice. Such occasions do not arise very often and where they do, there are procedures for challenging such orders."

The issue was raised during a second stage debate on the Criminal Justice (Theft and Fraud Offences) Bill. Mr O'Donoghue said the Bill's main aim was to "consolidate the law relating to dishonesty and to make it reflect the realities of life in Ireland at the beginning of the 21st century".

The Bill updates the Larceny Acts and creates a new offence of theft to cover a wide range of offences - larceny, embezzlement, obtaining by false pretences and fraudulent conversion.