UNJUSTIFIED PROSECUTIONS will be taken by the Director of Public Prosecutions (DPP) if he changes his policy of not giving reasons when he decides not to prosecute a case, Law Society president James McGuill has said.
Speaking at the launch of his annual report yesterday, DPP James Hamilton said he was nearing a decision on the question of giving reasons for prosecutorial decisions to victims of crime or the families of a deceased victim.
More than 2,800 cases referred to the DPP last year were not brought before the courts after he directed that no prosecution be taken.
"It is my view that if a method of giving reasons to victims without doing injustice to others could be devised then, in the interest of fairness to victims, we should attempt to do so," Mr Hamilton said.
Speaking on RTÉ radio's Drivetime programme yesterday, Mr McGuill said the Law Society was opposed to any change in the current policy. He admired the DPP and his staff, but it was "human nature" that prosecutions would be taken in order to appease victims or their families.
"If the director decides that reasons will have to be given for not prosecuting, we will see an increase in unjustified prosecutions because officials will take the view that I would rather prosecute than stand over the decision not to prosecute and take all the flak that will come with it from families and victims."
A change in policy would jeopardise the principle of the presumption of innocence, he said.
"The society takes the view that the giving of reasons in circumstances where that could undermines the presumption of innocence is absolutely inimicable to the broad public interest and that had been the position that the director's own office had taken in the past." A large number of the almost 3,000 cases not prosecuted by the DPP last year were cases where the Garda was not recommending a prosecution, but was notifying the DPP of the case as part of the audit process.
