Top barrister calls for 15-year limit on sex abuse trials
Monday, May 30, 2005
By John Breslin
A STATUTE of limitations should be placed on criminal proceedings taken against those accused of sexual abuse, one of the country’s leading defence barristers told a conference this weekend.
A STATUTE of limitations should be placed on criminal proceedings taken against those accused of sexual abuse, one of the country’s leading defence barristers told a conference this weekend.
Patrick Gageby, who has defended individuals accused of sex crimes sometimes decades old, said it may be time for the Government to step in and draw a line in the sand.
Mr Gageby suggested a limit of 15 years, adding that all civil cases are subject to time limits, except ironically those relating to claims of sexual abuse.
Speaking at the National Prosecutors Conference, the defence barrister said there were inherent dangers in old cases, where the key witnesses have inaccurate, faded, changed or intruded memories and where there was little additional or corroborating evidence.
In too many cases, a jury trial can turn in to a "pure beauty contest."
"Who do you like more, who's the more attractive
? Who exactly is telling the truth? It comes down to body movements, gestures and the like," Mr Gageby said.
Trials often descend into desperate searches for collateral information, such as the colour of paint, whether a bicycle was in a yard or whether a school was open that year.
Mr Gageby cited a number of cases one dating back to 1951, where the accused was in his 70s and the complainant in his 50s. The jury had to decide events that happened in a closed room 50 years ago.
In another trial, there was much discussion over when Dana won the Eurovision Song Contest after it was initially claimed the assault took place some time between 1964 and 1970.
While the higher courts have consistently ruled it was up to the trial judge to decide if a case was proceeding fairly, there was little jurisprudence over when to intervene to protect an accused from an unfair trial, Mr Gageby said.
On the plus, side, there are high standards within the prosecution service and the gardaí, a strong commitment from all to secure a fair trial and the common sense of juries.
The barrister reserved his most trenchant criticism for the media and what he described as the "large industry abroad" of counsellors and psychologists.
The media is "wholly uncritical" of the redress and compensation system for victims of institutional abuse and there is almost "uncritical" acceptance of everything an alleged victim says.
Mr Gageby said he had never come across a psychological report that has found any difficulty with any person who has made a complaint. All the reports authors seem to assume the complainant is telling the truth, he said.
Mr Gageby suggested a limit of 15 years, adding that all civil cases are subject to time limits, except ironically those relating to claims of sexual abuse.
Speaking at the National Prosecutors Conference, the defence barrister said there were inherent dangers in old cases, where the key witnesses have inaccurate, faded, changed or intruded memories and where there was little additional or corroborating evidence.
In too many cases, a jury trial can turn in to a "pure beauty contest."
"Who do you like more, who's the more attractive
? Who exactly is telling the truth? It comes down to body movements, gestures and the like," Mr Gageby said. Trials often descend into desperate searches for collateral information, such as the colour of paint, whether a bicycle was in a yard or whether a school was open that year.
Mr Gageby cited a number of cases one dating back to 1951, where the accused was in his 70s and the complainant in his 50s. The jury had to decide events that happened in a closed room 50 years ago.
In another trial, there was much discussion over when Dana won the Eurovision Song Contest after it was initially claimed the assault took place some time between 1964 and 1970.
While the higher courts have consistently ruled it was up to the trial judge to decide if a case was proceeding fairly, there was little jurisprudence over when to intervene to protect an accused from an unfair trial, Mr Gageby said.
On the plus, side, there are high standards within the prosecution service and the gardaí, a strong commitment from all to secure a fair trial and the common sense of juries.
The barrister reserved his most trenchant criticism for the media and what he described as the "large industry abroad" of counsellors and psychologists.
The media is "wholly uncritical" of the redress and compensation system for victims of institutional abuse and there is almost "uncritical" acceptance of everything an alleged victim says.
Mr Gageby said he had never come across a psychological report that has found any difficulty with any person who has made a complaint. All the reports authors seem to assume the complainant is telling the truth, he said.
