Burton claims Adams ‘out of touch’ with public on crime

SF leader says position on Special Criminal Court hyped out of proportion

Tanaiste Joan Burton with Abi Boxshall (2) from Lucan during the official launch of Standing Up For Families, Labour’s plan for quality and affordable childcare. at Labour Press Centre in Dublin. Photograph: Gareth Chaney/Collins
Tanaiste Joan Burton with Abi Boxshall (2) from Lucan during the official launch of Standing Up For Families, Labour’s plan for quality and affordable childcare. at Labour Press Centre in Dublin. Photograph: Gareth Chaney/Collins

Tánaiste Joan Burton has accused Sinn Féin leader Gerry Adams of being out of touch with the democratic values that underpin the Irish State.

She was responding to the call by Mr Adams for the abolition of the Special Criminal Court and the repeal of the Offences Against the State Act. “The more he repeats these views the more he shows himself to be out of touch with the way of life in this Republic,” said the Tánaiste.

However, Mr Adams said earlier Sinn Féin’s position on the Special Criminal Court has been “hyped out of all proportions”.

Ms Burton said that in a perfect society where the IRA Army council did not have an influence on Sinn Féin and small but violent criminal gangs did not exist it might be possible to do without the Special Criminal Court.

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“But we don’t live in a crime free or a terrorist free society yet,” said Ms Burton, who added that there was constant movement between the various elements of the republican movement and crime gangs.

“We live in a proud republic, a good republic,” said Ms Burton, who added that she would not regard Thomas “Slab” Murphy as “a good republican”.

She said the Special Criminal Court was vital to ensure that the criminal justice system could operate against terrorists and criminal gangs as the experience of dealing with the Limerick criminals and terrorists over the year.

“We have people with no morality and no inhibitions who will stop at nothing. The Special Criminal Court is a bulwark against these people and we need to retain it.

“What ordinary person is going to give evidence and what juror will feel safe in our ordinary courts which deal with burglaries and other routine crime?” she asked.

Ms Burton said that other democracies had special courts to deal with exceptional crimes like terrorism.

She said that the Government had decided before Christmas to set up a second Special Criminal Court because the judges involved were scrupulous about how they did their work taking extra care precisely because they were non-jury court.

Withdraw demands

“I think Sinn Féin should withdraw their demand to shut down the Special Criminal Court,” said Ms Burton.

The Tánaiste said she fully supported the action being taken by Garda Commissioner Noirin O’Sullivan to try and deal with the current wave of gangland killings.

Speaking on Ocean FM on Wednesday morning, Mr Adams said the stance is one Sinn Féin has long held and is being used by their political opponents to undermine the party.

He said the “gangsters and thugs” who were involved in the recent murders should not be allowed to dictate how “we run our lives”.

Mr Adams said the normal rule of law should not be set aside for these people.

The Sinn Féin leader said many other countries had bigger problems with organised crime than Ireland but could tackle it without the need for a Special Criminal Court.

He said it is was ironic and bizarre that Sinn Féin was arguing for the normal democratic process and was being targeted for criticism.

Mr Adams said the party believed everybody was entitled to a jury of their peers.

The party’s manifesto has committed to repealing the Offences Against the State Acts which constitutes the Special Criminal Court.

However the party has yet to detail what it would replace the court with.

The party’s enterprise spokesman Peadar Toibin said the party wanted to see the democratic rights of every person in the State upheld.

He said: “It is possible and reasonable that citizens who live in a democratic society have a right to a jury court.

“A non -jury court is a significant reduction in those rights and it is not just us who is saying this - it is the UN commission on human rights, Irish Council of Civil Liberties, Amnesty International and politicians from other different political parties. It is possible to protect juries.”

Mr Toibin was questioned on Wednesday on what the party would replace the Special Criminal Court with.

He replied: “There are examples whereby juries can be sequestered into another room and be anonymised in scenarios where there are court cases happening.

“It is possible to have a court case in one city where anonymous juries are then brought to a room in a different city where they overlook court cases aswell.”

Murdered garda

The family of Garda Jerry McCabe said proposals to abolish the court are irresponsible.

Pat Kearney, Garda McCabe’s brother-in-law, said it was his family’s position that the court should remain a part of the justice system.

“The court as it is constituted was an excellent place for such trials. I am all in favour of its retention. The judges are very experienced in matters of that nature and they are the best people to adjudicate. They know what they are doing.

“I don’t agree with any of those people making the call for its abolition. These trials can be complicated and convoluted and require the expertise of three judges.”

Four men were tried before the court for Garda McCabe’s murder in a botched armed raid by an IRA gang in 1996 in Adare, Co Limerick.

Jimmy Guerin, brother of murdered journalist Veronica Guerin, said the proposals by Sinn Féin are reckless.

Mr Guerin said he sat through the various trials of criminals for the murder of his sister.

While he never felt intimidated by Brian Meehan or John Gilligan – the men accused of her killing – he would never have allowed his wife, family member or friend to sit on the juries.

Mr Guerin said: “Jurors should not be exposed to anything that is going to cause them to live in terror or in fear. That was never part of the justice system.

“The proposals that are being put down by Sinn Féin are in my view unrealistic and are in themselves intimidating.

“This thing of setting them up in rooms or putting them behind a window is terrifying. For the proper administration of justice the Special Criminal Court is an integral part of it.”

Brian Meehan (47), from Crumlin in Dublin, is serving a life sentence in Portlaoise prison having been convicted by the court of the murder of Ms Guerin in June 1996 .

He was also jailed on drugs and firearms charges. Mr Guerin, an Independent candidate in the general election, said the court’s decision not to convict Gilligan of Ms Guerin’s murder proved it always acted in a “fair and effective way”.

He said: “Gilligan was a hate figure; everyone wanted him to be convicted. Nearly 20 years on and it took me a long time to forgive those judges but when I stand back and examine it, I know justice was delivered.”

Stephen Collins

Stephen Collins

Stephen Collins is a columnist with and former political editor of The Irish Times