Madam, - It seems that the administration of justice in Ireland has two systems: the traditional, court-administered system which views matters from the point of view of society as a whole and has little interest in the victim of crime; and the media-administered system which purports to view from the victim's point of view with little interest in society as a whole.
While the traditional system has rules and regulations which go back centuries, and give us the Rules of Evidence but no right of entry for victims, the media system operates under the Joe Duffy Show rules of evidence: "Say anything you like provided it increases ratings". Entry to this system is allowed only to the right type of victim.
The traditional system has failed to give the victims of crime a voice. This vacuum has allowed the media to exploit victims to tell their story for the titillation of the likes of you and me. It is true that the media system may bring satisfactory closure for those fortunate enough to gain entry. But where stands the victim who is not the right type?
Whereas the traditional system is accountable to the Dáil and ultimately the people, the media system is accountable only to the ratings and ultimately the advertisers.
Mr Justice Carney's comments are timely and Minister for Justice Brian Lenihan's proposed remedy of a regulated victim input is a start to take back the administration of justices in Ireland by the State.
If more is not done the media will take control and it will be only a matter of time before we have live tele-voting on sentences, with guilt or innocence being ignored. - Yours, etc,
RODERICK TYRRELL, Solicitor, Haddington Road, Dublin 4.
Madam, - I was recently in the unenviable position of having to deliver a victim impact statement to the High Court, presided over by Mr Justice Carney. I had the impossible task of trying to formulate in words the loss of one so loved on those left behind.
I count myself lucky in that I delivered that statement as a brother, and not as a mother.Having said that, I have to say I am in complete agreement with what Judge Carney has said.
We cannot have a pillar of society which exists purely to punish. We cannot have a system whereby an alleged perpetrator is judged on the basis of hearsay. Our justice system cannot exist with a dual purpose of punishment and public appeasement.
If our justice system is to survive, the concept of impartiality must remain, with a judge being the ultimate juror. Of course the concept of punishment should be considered when a sentencing hearing is held, but it should not be the primary concern. The justice system is a service to both the victim and the perpetrator, no matter how hard that is to swallow.
In relation to the case on which Judge Carney commented, he is correct in his misgivings about the victim impact statement. What happened was unfair, and what was said put the whole idea of a victim impact statement in jeopardy. We also cannot allow a media-driven agenda to cloud our societal commitments to both the victims and perpetrators.
The circumstances surrounding the death of Robert Holohan were tragic in the extreme. My sympathies are with the parents of Robert. I also feel for the parents of Wayne O'Donoghue. They have suffered a different tragedy, one most of us will never experience. Is mise,
DERICK MURPHY, Millfarm, Dunboyne, Co Meath.