The Irish Human Rights and Equality Commission (IHREC) was yesterday granted leave by the Court of Appeal to exercise its amicus curiae (‘friend of the court’) function in a significant case on the rights of accused persons and procedural safeguards required for a fair trial.

The case of DPP v RK and LM involves an appeal by the DPP following the acquittal by the Special Criminal Court of two men charged with IRA membership.

The Special Criminal Court excluded the belief evidence of a detective chief superintendent given pursuant to section 3(2) of theOffences Against the State (Amendment) Act 1972.

This followed the refusal of the detective chief superintendent to provide information on the basis of his belief; and following the decision of the DPP that prosecuting counsel would not review the file of the garda witness in order to assess if any disclosure of evidence could be made to the defence.

Appealing the ruling of the Special Criminal Court, the DPP contends that the trial court erroneously excluded compelling evidence, that is to say the belief evidence of the detective chief superintendent. 

Human rights issues

IHREC has said that significant human rights issues arise in such cases including the appropriate balance to be struck between the vital public interest in protecting garda investigations and the requirements of a fair trial under the Constitution and the European Convention on Human Rights (ECHR).

IHREC chief commissioner Sinéad Gibney said: “The Commission is exercising our amicus curiae function in this case in light of the important human rights issues arising.  The determination of the appeal may have a significant impact in future cases.

“The Commission can assist the court in seeking to examine the proper balance that must be struck between protecting the public interest and the requirements of a fair trial.”