The Gazette 1973

The Limits of the Lawof Evidence EDITORIAL

T he Law of Evidence has been devised specifically to enable an accused to defend himself to the best of his ability. There is little to be said for those who, when charged with a criminal offence, deliberately decide either not to recognise the Court or not to defend themselves. There is still less to be said for an accused who, having been convicted of an arms charge in Northern Ireland without defending himself, threatened the Judge with a subsequent trial as a war criminal, because he had been sentenced to long terms of im- prisonment; as is shown by the fact that a book was thrown in Court by a convict at Mr. Justice O'Keeffe, it is probable that these contemptible and mischievous

tactics may well be extended to the Courts here. T here is nothing to be said for those who maim or kill political and religious opponents, who cause damage to property anywhere by bombing it, or who transport cars across the Border in order to cause explosions and loss of life within the Republic. These circumstances have apparently compelled the State to take stronger emergency measures. They have been criticised by Senator Robinson, in this issue on the ground that it would have been sufficient to bring in legislation of strictly limited duration instead of a statute which is likely to remain in force permanently unless repealed.

THE SOCIETY Proceedings of the Council

Circuit Court Costs The Secretary reported that he had been informed by the Circuit Court Rules Committee that costs had been made bringing in solicitors' scales of costs without reference to counsels' fees and that these rules had been or would shortly be signed by the Minister for Justice. E.E.C. Federation Internationale Pour le Droit Européen (FIDE). It was decided that the Society should approve in principle of the formation of an Irish Branch of FIDE which members of the Society could join in a private capacity. Attestation of documents by Peace Commissioners The Secretary stated that he had been in communica- tion with the Revenue Commissioners seeking their agreement to change the law to permit revenue docu- ments for death duty purposes to be attested by peace commissioners instead of commissioners for oaths. The request was made on the ground of the inconvenience to the public caused by the difficulty in obtaining com- missioners for oaths in certain parts of the country at short notice and reasonable accessibility. He said that he had received an unfavourable reply from the Revenue Commissioners. It was decided that represen- tations should be made to the appropriate Government Department seeking a change in the law at the first opportunity to enable a solicitor acting in a matter to attest an affidavit sworn by his own client.

December 14th 1972. Mr. O'Donovan and afterwards Mr. O'Connor in the chair. Also present Messrs. W. B. Allen, Walter Beatty, Bruce St. J. Blake, John F. Buck- ley, John Carrigan, Anthony E. Collins, Laurence Cullen, Gerard M. Doyle, Joseph L. Dundon, James R. C. Green, Gerald Hickey, Christopher Hogan, Michael P. Houlihan, Thomas Jackson, John B. Jermyn, Francis J. Lanigan, John Maher, Gerald J. Moloney, Eunan McCarron, Brendan A. McGrath, Senator J. J. Nash, George A. Nolan, John C. O'Car- roll, Peter E. O'Connell, William A. Osborne, Peter D. M. Prentice, David R. Pigot, Mrs. Moya Quinlan, Robert McD. Taylor and Ralph J. Walker. Election of President and Vice Presidents Mr. Thomas Valentine O'Connor, B.A., LL.B. was elected President of the Society and Messrs. Peter D. M. Prentice and Thomas J. Fitzpatrick were elected Vice-Presidents for the year 1972/'73. Blackhall Place The Secretary in reply to a question stated that he had written to the Civil Defence Committee of the Dublin Corporation agreeing to permit Blackhall Place to be used for housing refugees if the need arises subject to the execution of any documents of indemnity required by the Society's solicitors. He had been in- formed by the Civil Defence Officer of the Dublin Cor- poration that the need might arise in connection with the present situation in Northern Ireland.

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