Sinn Féin has passed a motion to support the use of non-jury courts in “exceptional cases” at its Ard Fheis.
A number of delegates spoke out against the motion and urged those present to vote against it.
An ex-prisoner as well as a several Ogra Shinn Féin members voted against the motion.
Belfast MLA Gerry Kelly, as well as Dublin TDs Louise O’Reilly, Paul Donnelly and Mark Ward spoke in favour of the motion.
I spoke today in@favour of motion 21. I believe that the motion speaks for itself and ensures a rights based justice system when we are in government. We must also be brave and begin to discuss the failed so called “war on drugs”. A health & community led strategy is required. pic.twitter.com/TJ4xazHb58
Advertisement— Paul Donnelly TD (@PaulDonnellySF) October 30, 2021
The three-judge criminal court has been used in trials of dissident republicans and gangland criminals, and has no jury in order to avoid any potential intimidation of members.
The party has long been an opponent of the non-jury court. It is understood the Ard Fheis voted in favour two-to-one of the motion.
Mr Kelly said: “This is a very significant route for the party leadership and I believe a very decisive initiative. This motion is not just about criticising what exists.
“[It is] an effective alternative that will change the daily lives of our people who are under pressure from organised crime gangs, who are bringing nothing but hurt, especially to the most vulnerable in our communities.
“We believe that all courts should be integrated into a single, modern justice system, which will include provision for jury trials, anonymising jury trials, and special protection for juries where these are clearly demonstrated.”
The motion states that Sinn Féin “agrees with the Irish Council for Civil Liberties and other human rights bodies that the Special Criminal Court as currently constituted has no place in a modern criminal justice system”.
It describes the Offences Against the State Act, which underpins the court, to be an “archaic and outdated legal framework that is incapable of tackling 21st-century serious organised crime”.
The use of non-jury courts has been criticised by human rights groups, including Amnesty International and the UN Human Rights Committee.
The Irish Council for Civil Liberties (ICCL) has called for the Special Criminal Court to be abolished, and said that aspects of the court is in violation of a right to a fair trial.
Earlier, Sinn Féin leader Mary McDonald defended the motion.
Ms McDonald said the party recognises the need for a non-jury court “in exceptional circumstances”.
“We’re very, very conscious of the fact that now gangland crime, as it’s called, organised crime, is wreaking havoc across society,” Mrs McDonald said.
“I can attest to that in the constituency that I represent. We are very concerned that communities are safe, that the system works, and that those in these criminal gangs who bring real fear and bring terror to the streets, that they are held to account.
“So part and parcel of that of course is resourcing the gardai but it’s also about a judicial and a criminal system that works.
“Within that, we are now today saying that we recognise the need, in exceptional circumstances, for the option of a non-jury court.
“What we don’t want is the current system, wherein the DPP [Director of Public Prosecutions] decides if there is a case to be prosecuted, and where the case should be heard, in other words, whether or not it goes to the Special Criminal Court.
“We’re not alone in having criticised that, that’s DPP problematic.
“It’s been criticised from within the legal fraternity and by a human rights groups correctly, domestically and internationally.”
Last year, Sinn Féin did not oppose the renewal of legislation that empowers the court for the first time in its history.
The party abstained instead of voting against.
Ogra Shinn Féin member Adrian O’Gallagher from Co Donegal was one of those who spoke against the motion. He said a non-jury court was something the party “should not advocate for, due to human rights abuses”.
“We have seen in the past how non-jury courts were used against republicans,” Mr O’Gallagher added.
“Although things have changed the idea of non-jury courts is still a denial of human rights,” he said.
Exceptional circumstances would include where there is intimidation of juries or a risk of jury tampering, Mrs McDonald said.
An independent review group is examining the Offences Against the State legislation. The review into the legislation is expected to be published next year.
Solidarity-People Before Profit TD Paul Murphy criticised the decision to back the motion. “We’ve had enough parties pulling U-turns to get into government with the right, jettisoning principles and betraying voters,” Mr Murphy said.
“Sinn Féin should reject the very idea of coalition with Fianna Fáil or Fine Gael. We need a left government genuinely committed to socialist change, to taking on the billionaires and the landlords, and transforming our society to one where people come before profit.”
