No more bailing out of Ahern's long finger

Sunday Tribune 14 February

Michael Murray is a walking cliché. His beady blue eyes, shaved head, mean, craggy face… if he had 'convicted rapist' tattooed across his forehead, his past couldn't be more obvious.
Last week, the Evening Herald pictured him at the door of his flat in Inchicore. His body language suggested that of a hunted animal run to ground.
Murray doesn't like being photographed. On Tuesday, solicitors for the serial rapist tried to effectively bar the Herald from using images of him at his new address. Murray values his privacy – with good reason.
In 1995, he was arrested on suspicion of rape and released pending a decision on charges. Over the following five days, he raped three more women and sexually assaulted two others.
He was jailed for 18 years but was released five years early last summer and then disappeared. Liveline and the Herald tracked him down. He may have been living next door to you.
As Murray was attempting to gag the Herald last week, another rapist, John Ryan, was sentenced to seven years for attacking a teenager in his taxi. After sentencing, it emerged Ryan had been allowed to continue driving his taxi following the rape allegation – despite garda objections. Ryan may have given your daughter a lift home while awaiting trial.
Two men, two threats, both at large when they should be kept away from the public.
Now consider the case of Dominic McKevitt. In December, McKevitt was arrested in Dundalk and taken to Mountjoy. The St Vincent de Paul volunteer had forgotten to get a €12.70 licence for his rescue dog Nemo and hadn't paid the €300 fine. He spent 12 hours in jail before being freed by the embarrassed authorities.
Cases like Murray's, Ryan's and Mc Kevitt's highlight the seemingly arbitrary nature of our legal system. They undermine public confidence by reinforcing the perception that the law is skewed in favour of the criminal. It's not, but appearances are everything.
Justice minister Dermot Ahern is aware of this. He has made a big show of dealing with the fines problem. Like Dublin traffic he has the appearance of movement but is really just snailing along.
Almost a year ago, Ahern published the Fines Bill 2009, to give judges alternatives to jail sentences. Incredibly, it is still not law and there is no date for its enactment.
During the first 10 months of last year, 3,366 people were jailed for non-payment of court fines. Sixty-two of these were jailed over TV licences. The overall figure compares to 2,520 in 2008 and 1,335 in 2007. While we wait for Ahern's fines law, the number of incarcerations is increasing. Dog and TV licence fine defaulters are going to prison while individuals like Murray are being set free early. Where are our priorities?
Ahern says defaulters are "a tiny fraction" of the prison population. Presumably, these 'little people' – like McKevitt – are not significant enough to warrant some haste on his behalf.
Last November, Ahern made another promise. He said he was finally going to reform the bail laws in favour of public safety. The figures for bail crime are frightening. The Dáil has heard that suspects for eight murders in 2008 and 13 committed in 2007 were on bail. The mother Sylvia Roche Kelly and Swiss teenager Manuela Riedo were both murdered in 2007 by bailed criminals. Twenty four serious sex offences were committed by people on bail in 2008. Thirty-four suspects threatened to kill people.
Between 2004 and mid-2008, 90,000 serious crimes were committed by bailed suspects.
Seven out of eight people who apply for bail are successful.
Will Ahern move quickly to deal with this problem? On the evidence of the Fines Bill, don't hold your breath. Before his proposals are even published, they must be approved by the AG and tested against the Constitution and European law.
Reform of the bail laws will drag on interminably. Why? Because of resources. Ahern admitted last April that reform was impractical because of prison overcrowding. During 2008, nine jails operated at or above capacity. The cost of keeping a prisoner is €92,717. Without Thornton Hall, bail will continue to act as a prison valve.
Ahern, while appearing to address the issue, has kicked reform to touch. He is playing the Fianna Fáil long ball game. The banks probe won't begin until the summer – a year and a half after the economic crisis began. Nama is still not up and running – a year and a half after the economic crisis began. The Fines Bill is still not enacted – one year on. Even Ahern's plan to tag sex offenders is still not a runner – one year on.
The public has a fundamental right to confidence in the legal system. It has the right not to be afraid of being attacked by someone on bail. Women shouldn't have to worry that their taxi driver is going to rape them, or that demons like Murray will be released early and quietly move in next door. The public has a right to more than 'optics' from a justice minister moving in slow-motion. It's about time Ahern started making a tangible difference on the streets of Ireland.
Long arm of the law? It's more like 'long finger of the law'.

dkenny@tribune.ie

February 14, 2010