DPP says gardai face difficulties investigating people living abroad

The Garda Síochána faces difficulties investigating suspects living abroad, the Director of Public Prosecutions (DPP), Dr James…

The Garda Síochána faces difficulties investigating suspects living abroad, the Director of Public Prosecutions (DPP), Dr James Hamilton, has said.

In 2003, the DPP, on behalf of the Garda, issued 97 requests for assistance from foreign forces, compared with 92 in 2002.

However, the Department of Justice, Equality and Law Reform received 208 incoming requests, compared with 231 on the previous year. The number of requests received "still far exceeds" the number issued, the DPP declared in his office's annual report yesterday.

"The presence of such an imbalance is worthy of study. As the law stands it is difficult to conduct out-of-state investigations of offences committed within Irish jurisdiction where this involves questioning a suspect.

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"In those circumstances a prosecutor is often left with no option but to seek the suspect's extradition, which removes the possibility of questioning, or to await the return of a suspect, which may never happen."

The problems were caused by differences in continental legal systems which were "comparatively" formal against the one used in the Republic.

The number of extradition requests sought by Ireland last year stood at 38, compared to 36 in 2002, while the Irish authorities dealt with 28 extradition requests from abroad last year, as against 32 in 2002.

Mr Hamilton complained about accommodation problems still facing his office two years after it absorbed some solicitors from the Chief Solicitor's Office.

"The office is in two locations, Upper Abbey Street and Merrion Street, which creates an obstacle to the integration of what were formerly two separate offices, and leads to much unnecessary and time-wasting travel between the two locations."

However, the "delay" in sorting out the problem may turn out "to be an advantage" since "it is now proposed to build a new criminal court complex incorporating most of the criminal courts serving Dublin. It will obviously be desirable that the office of DPP be located near that new centre."

The office will shortly begin implementing its biggest-ever investment in information technology when it starts work on a new system to manage case files.

The number of files received exceeded 14,000 for the first time, though 6,000 of those came with the transfer of part of the Chief State Solicitor's Office.

The DPP decided not to direct prosecutions in 31 per cent of case files examined last year, up from 30 per cent in 2002 and 29 per cent the year before.

He decided that 29 per cent of all cases should be prosecuted on indictment in the Circuit, Central or Special Criminal Courts.

Some 8 per cent of defendants were found guilty by a jury; 88 per cent were convicted following a guilty plea. Two per cent were acquitted by a jury, and 2 per cent more on the direction of a judge.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times