DAVID SMITH LLB,
Sir, - The decision of the Supreme Court regarding the Dáil's competence to enquire into the events in Abbeylara has been greeted with some glee by P.J. Stone of the Garda Representative Association (The Irish Times, April 12th).
I do not share his sentiments, but with talk of a constitutional amendment, an interesting possibility does present itself.
Would this not be the right time to begin a move towards continental style inquisitorial courts? As a graduate of law, I have found very little to recommend the current system. In my experience, the Law Library is little more than a rookery. Under the inquisitorial system, the role of lawyers would be greatly curtailed, and the standard practice of "trial by ambush" a thing of the past.
Moreover, with examining magistrates charged with actively seeking out corruption, we could dispense with these interminable tribunals, since the ordinary courts would have the power to vigorously investigate wrongdoing without being hamstrung by terms of reference, and they would not have to send witnesses back and forth to the High Court if the inquisitor felt they were being obstructive.
Also, since the inquisitor would be the primary investigator, the activities of gardaí would, of course, come under closer day to day scrutiny from an outside authority, with a consequent reduction in incidents such Abbeylara.
Adversarial courts are driving justice into the sand in this country. It's time for a change. - Yours, etc.,
DAVID SMITH LLB,
Harmonstown Road,
Artane,
Dublin 5.