Media comments and jury trials
Senator Burke warned that public comments can prejudice trials, citing a recent case where a judge halted a jury trial because of media coverage. He stressed the presumption of innocence and the need for caution in the House and media while cases are before the courts; the Chair agreed.
As the House will be aware, there was a recent case in which the judge would not allow a trial to go to a jury because of comments in the media.
Comment on this
I agree with the Leas-Chathaoirleach. This just shows how we all need to be careful when matters are before a court. Every person who is charged is innocent until the matter has been dealt with fully by a jury and it comes to a decision that the person is guilty.
Comment on this
These are very emotional issues and there are very many tragic cases in which people suffer very serious assault and rape in horrendous circumstances. The law, however, is that where a doubt is created, the person must be found innocent. Unfortunately, we need to be extremely careful about comments in this House, in the Dáil and in the media, in particular when a case is before a jury. What has occurred in this case is unfortunate and there will be either a retrial or a decision not to proceed further. That is a matter for the DPP.
It is difficult for everyone involved, including the victim and the person accused, that they must go through the same process again. We all have a duty of care and it is important that we respect and keep in mind the separation of powers between the Government, the Oireachtas and the courts system.
I mention an issue that I have been raising since 2012 when I conducted a survey of medical graduates and asked them their long-term intentions. More than 60% of respondents said that once they had their intern year completed, they would not be staying in Ireland. I highlighted this in 2012. Now, we face difficulties retaining GPs and junior hospital doctors and trying to encourage consultants to return home. We must have a debate on this issue. The GP contract needs to be finalised instead of the matter dragging into 2019. We must sort out consultant contracts and determine how to make returning to Ireland more attractive. This is not about pay - it is about conditions and support services. While the HSE has taken on an extra 12,000 people in the past four years, it has done so disproportionately across the various fields. I ask that the Minister be invited to the House, as we need to have a serious debate on this issue if we want to build a health service that caters for everyone's needs.