The Gazette 1996

GAZETTE

M E D I A

W A T C H

AUGUST/SEPTEMBER 1996

Lawyers as well as the law

targeted in anti-crime backlash

The overwhelming sense of public

shock and outrage which followed the

murder in Limerick on 7 June 1996 of

Detective Garda

Jerry McCabe

and, in

particular, the cold-blooded

assassination of investigative

journalist

Veronica Guerin

on 26th

June 1996, have created an absolute

political necessity for 'something to be

done' about the godfathers of crime

who had supposedly moved beyond

the reach of the law.

A package of legislative measures,

unprecedented both in its range and

speed of introduction, has been the

Government response. The publicly

stated position of the Law Society and

of others in the legal profession has

been one of full support for any

reasonable measures, legislative or

otherwise, which will assist in fighting

the social evil of drug-related crime.

However, as the Law Society made

clear earlier this year in its opposition

to the introduction of new powers of

seven-day detention without charge of

drug trafficking suspects, there are

grave dangers in legislative measures

which erode civil liberties and

traditional rights of accused persons.

This message, that it is the task of the

criminal law not merely to convict the

guilty but most preciously and

essentially also to ensure the acquittal

of the innocent, has lacked populist

appeal in the atmosphere which has

prevailed in recent times. Indeed, in

some quarters both in politics and the

media there has been an unfortunate

inclination to criticise not merely the

criminal law but also lawyers

themselves.

In the

Sunday Independent

recently,

Tony Gregory,

TD, said, "All of the

main drug dealers have solicitors and

accountants advising them on how to

make their money anonymous. Those 1

know in my area have little education

and would not be of an extraordinarily

high IQ. They don't have expertise, but

they have the money to buy it".

Tony Gregory, TD - Solicitors dealing in

"blood money".

Mr. Gregory was highly critical of the

legal profession. He expressed the belief

that certain solicitors were exploiting the

situation and were, in fact, dealing in

"blood money".

Mr. Gregory added, "I have no doubt

that solicitors are getting a substantial

financial settlement for getting these

people off'.

In response, in the same article, the

Director General of the Law Society,

Ken Murphy,

said - "If Mr. Gregory has

any evidence that solicitors are engaged

in illegal activity, he should bring it

immediately to the Gardaf'.

Mr. Murphy said the Law Society would

support the fullrigors of the law being

brought to bear against a solicitor in

such a case. "However, the Law Society

has no such evidence and believes that

care should be taken in the current

climate to ensure against unsubstantiated

and unfair claims being made which can

damage the reputation of individuals and

groups in society", he said.

In another edition of the

Sunday

Independent,

journalist Declan Lynch

suggested that defence counsel were

"soulmates" with the criminal and that

they "reaped the profits".

In response, the Chairman of the Bar

Council,

James Nugent,

said that

suggestions that barristers who defend

accused persons should be condemned

for complicity were "ill-informed,

misjudged and dangerous at any time,

but particularly in the present climate of

understandable fear and confusion which

prevails among the general public".

Mr. Nugent continued, "It is a sad and

frightening reflection of the tone of the

present debate that it appears necessary

to point out that a barrister who acts to

defend an accused person cannot and

must not be interpreted as any indication

that the barrister condones, approves,

aids or abets anything which their client

is accused of doing".

•

AN BORD PINSEAN -

THE PENSIONS BOARP

GUIDANCE NOTES

"WHISTLEBLOWING"

The P e n s i o ns Board has i s s u ed

Guidance

Notes

on f o ot of the

P e n s i o ns ( Am e n dm e n t) Act, 1996

which came into effect from 2 July

and which includes new statutory pro-

visions dealing with compulsory and

voluntary reporting to the Pensions

Board.

The

Guidance

Notes

are intended to

provide assistance to those involved in

the operation of pension schemes who

may be c o v e r ed by the mandatory

reporting requirements, and also to

pension practitioners and members of

the public who may be considering

making a voluntary report.

C o p i es of the

Guidance

Notes

are

available by subscription and may be

ordered from the:

Information Section,

The Pensions Board,

Holies Street, Dublin 2.

Tel: No. (01) 6762622

Fax: No. (01) 6764714

229