107 / 262
INTERNATIONAL STANDARDS NOT APPLIED TO
EMERGENCY LAWS
(Contd. from page 94)
"A referendum would be required in order to abolish
trial by jury in criminal cases because, it would involve
an amendment of the Constitution. This would be most
unlikely to secure a majority vote. It is, therefore,
intolerable to see the quiet erosion of this constitutional
right through the back door of the Special Criminal
Court. It is to be hoped that either the Court itself will
refuse to accept these cases or else that the constitu-
tionality of the procedure will be challenged.
"The recent amending Act allowed the belief of a
Chief Superintendent to be evidence of membership of
the I.R.A. This belief should not be accepted without
a preliminary inquiry by the Special Criminal Court
into whether there were adequate reasons for it.
"If the Chief Superintendent pleads privilege and
does not wish to reveal his sources, the minimum
requirement should be that he would write down the
names of his informants and the detailed evidence on
which he bases this belief, so that the judges can assess
whether it is based on sufficient evidence to be taken
into account.
"No court should admit evidence in the form of a
belief not based on personal knowledge but on 'reports
from confidential sources' as happened in the O Brad-
aigh case. It is the responsibility of the judges to weigh
the evidence in coming to a decision. They cannot
weigh a belief based on secret knowledge hidden from
them."
—The Irish Times
(3 February 1973)
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