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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
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.
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.
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.
THE SOCIETY
Proceedings of the Council
26