THE use of a live video link in criminal trials is being challenged in an action which opened before the President of the High Court, Mr Justice (Costello yesterday Judgment was reserved.
The challenge was brought by a man who was tried in the Dublin Circuit Criminal Court in March 1994. It was alleged (he committed sexual assault contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act.
Seven days before the trial, it was submitted, the Director of Public Prosecutions informed the man's solicitor he intended (to rely on the Criminal Evidence Act 199 for the purpose of adducing evidence by means of a live video link.
The man's counsel advised (that Part III of the 1992 Act discriminated in the conduct of his defence in that the DPP's counsel was purportedly empowered to adduce evidence by video link because of the nature of the offence and the age of witnesses.
Having heard submissions, the trial judge decided that he was satisfied that the trial was appropriate for the use of the video direct link. The man was jailed for five years. He appealed the conviction and sentence and in June 1994 was released on bail pending the appeal.
Mr Justice Costello is being asked to declare that sections of Part III of the 1992 Act infringe the right to cross examine or confront the complainant and the man's accusers in the presence of a jury and breached his constitutional rights.
The State and the DPP deny that giving evidence by video link could inhibit a jury in consideration of evidence. It is also denied that it is in breach of constitutional rights.