Legal professionals criticise second Special Criminal Court

A wide range of legal professionals have criticised Justice Minister Frances Fitzgerald’s decision to establish a second non-jury Special Criminal Court.

The appointment of seven judges to the new court on Wednesday was immediately criticised by the Irish Council for Civil Liberties (ICCL).

They have now been joined in their objections by a solicitor, a law professor, and a member of the UN Human Rights Committee.

Yuval Shany, who sits on the top UN committee, told the Irish Times: “It has been the long-standing position of the Human Rights Committee that trying civilians in special courts may raise serious problems as far as the equitable, impartial and independent administration of justice is concerned.”

Dermot Walsh, professor of law at Kent Law School, added: “Nowhere is the jury more important than in the determination of guilt or innocence in cases where the State is prosecuting individuals for serious offences which are presented as posing a threat to the stability of the established political and economic orders.

“It is a major concern, therefore, that the Government should be thinking of enhancing the prominence of the Special Criminal Court when the time for abolishing it is long past.”

The decision to expand the non-jury courts was described as “disappointing” by solicitor Michael Finucane.

Mr Finucane said the new court would likely become “a permanent feature on the landscape, just as the current one has, despite being described as an emergency measure”.

Ms Fitzgerald said the new court was necessary to clear a backlog of terrorism and organised crime cases.