Two gangland killings in Dublin within the past week have focused attention on drug-related crime, the criminal justice system and the ability of the Garda Síochána to deal effectively with this threat to civilised society. The Special Criminal Court, which hears cases involving paramilitary-style offences and organised crime, has come under particular scrutiny because of Sinn Féin’s policy to abolish it.
The Special Criminal Court sits without a jury and was established in 1974 in response to increasing paramilitary activity and the intimidation of witnesses. Under the Criminal Justice Act, 2006, its role was expanded to deal with organised gangs involved in drug dealing and money-laundering at home and abroad.
The Director of Public Prosecutions was empowered to refer cases to it where ordinary courts were believed to be “inadequate to secure the administration of justice and the preservation of public peace and order”.
This provision was used when Thomas 'Slab' Murphy, an IRA strongman from South Armagh, was sent for trial on tax-related charges. Verdicts of guilty prompted Sinn Féin president Gerry Adams to say Mr Murphy had been treated "unfairly" and that abolition of the Special Criminal Court was "a key objective" for Sinn Féin. The party was declared to be unfit for government and its opponents anticipated another opportunity to embarrass it when Murphy's case is listed for hearing on Friday.
In the meantime, gangland murders, and the likely involvement of a non-jury court in any future trials related to them, have moved the controversy to a new level. Fianna Fáil, Fine Gael and the Labour Party targeted Sinn Féin and, as pressure rose, Mr Adams's personal commitment to abolishing the special court was watered down to a political aspiration.
Sinn Féin’s blatant self-interest makes it a legitimate target in relation to the special courts issue. But it is also a useful diversion for the Government parties and Fianna Fáil. Under their stewardship, drug gangs developed such control over local communities that residents are afraid to talk to outsiders; Garda intelligence-gathering suffered because resources were reduced; case backlogs developed and a 2004 decision to establish a second court will not take effect until next April.
These non-jury courts are required because of the failure to reassure law-abiding citizens they have nothing to fear from paramilitary organisations or criminal gangs. They have grown out of particular circumstances involving the nature of the State and armed struggle.
Although criticised by the UN Human Rights Commission and the Irish Council for Civil Liberties, they limit the impact of intimidation. Fewer than 16 trials are completed each year and, in spite of what people may think, verdicts are open to appeal and the acquittal rate is substantial. They are an imperfect solution but abolition, at this stage, is not an option.