THE RIGHT TO trial by a jury of one’s peers remains a cornerstone of the Irish criminal justice system. But, where a possibility of jury intimidation exists, that right is denied. In those circumstances, the Special Criminal Court sits with three judges, and without a jury, to decide cases involving criminal charges against terrorist organisations or major drug gangs. In addition, the Director of Public Prosecutions (DPP) can certify that a case be referred to the non-jury court. As DPP, James Hamilton has now invited public discussion on the merits of a further departure from the trial-by-jury system. Minister for Justice Dermot Ahern has expressed interest in receiving a more detailed submission on his ideas.
In RTÉ's The Week in Politicsprogramme, the DPP favoured reconsideration of how complex and lengthy white-collar criminal trials might best be held: whether before expert specialist juries made up of those equipped with suitable financial qualifications, or before panels of judges, similar to the Special Criminal Court. Mr Hamilton's contention is that while juries drawn from the public can easily decide cases involving bribery or corruption, such jurors may not be best equipped to understand and decide matters of great financial complexity. A problem could arise, he suggested, where a juror – to understand the nature of a fraud that was carried out – also has to grasp the nature of complex financial instruments. A further concern of the DPP is that some such cases could involve very lengthy trials.
An obvious impediment to implementing the DPP’s proposed reforms is that their introduction would require an amendment to the Constitution. Whether there would be strong public support for a further erosion of the public jury system to deal with a new form of criminal activity – white-collar financial crime – is questionable. The virtual collapse of the Irish financial system reflected a singular failure by politicians, regulators, bankers, accountants and many other business professionals. Some of these would be potential members of any expert jury panel.
The Law Reform Commission (LRC) in its recent consultation paper has highlighted some major defects in the jury system. Too many in the professions (doctors, dentists, teachers, nurses etc) are exempt from, or have opted out of, jury service. Increased middle-class involvement in the administration of justice, through a larger professional presence on jury panels, would certainly leave juries better equipped to handle white collar crime. Reform of the jury system is long overdue.
The DPP’s implicit support for the introduction of legislation to protect whistleblowers will place the Government under greater pressure to accept a proposal that it has been rejecting for more than a decade. Indeed, were a whistleblower’s charter already in place then, as Labour’s Pat Rabbitte – a long-time advocate – ruefully pointed out yesterday “we may have been spared the worst of the negligence and recklessness that brought down our banking system”. We should move cautiously.