Rape trials in the North can put even more pressure
THE Belfast rape trial highlighted some key differences between how such cases are conducted north and south of the Border. Some features of the northern system have come in for criticism amid fears potential victims will be deterred from making complaints in future.
In Northern Ireland, people accused of rape can be publicly identified. This is strictly prohibited in the Republic, where an accused can only be named after they have been convicted.
Even then they can only be named in circumstances where it would not lead to the identification of the victim, or where that victim waives their right to anonymity.
Human rights lawyer Noeline Blackwell, who is chief executive of the Dublin Rape Crisis Centre, said while the system in the Republic has some difficulties, the Jackson/Olding trial showed that it was “more humane”.
Ms Blackwell said the naming of high-profile defendants was a significant factor in the interest of the press and public, something which would have created additional pressure for all involved in the case.
Another significant difference between both jurisdictions relates to who is allowed in court during a rape trial. In the North the court is open to members of the public, a situation one experienced criminal barrister in the Republic described to the Irish Independent as“abit barbaric”.
In contrast, south of the Border, rape trials are considered to be held “otherwise than in public”, with only certain categories of people allowed to attend.
These are immediate family and a limited number of friends of the complainant and the accused, accredited members of the press, practising members of the legal profession, lawyers acting as court reporters, and people engaged in research permitted by the court. Ms Blackwell said it would have been preferable if the public had been excluded from the Belfast trial.
“This would have prevented the extra pressure caused by a packed public gallery and attendance of the defendant’s teammates, Irish rugby captain Rory Best and Iain Henderson,” she said.
Another aspect which differs in the two jurisdictions is the use of character witnesses.
A number of character witnesses were called to give evidence during the Belfast trial. It is unlikely the same thing would have happened had the trial been held in Dublin. Although there is no specific prohibition in the Republic, it is not the convention to hear character evidence during trials.
Some judges have been
‘We have had calls from victims who said they will never go near the criminal justice system’