Court Errors 'No Impact On Donagh Decision'

Mistakes by the North's Court Service 'had no impact' on the case of two brothers who were allowed to return to a Fermanagh village after being accused of a series of sexual offences.

Justice Minister David Ford has just published the Criminal Justice Inspection Northern Ireland (CJI) report into issues in the justice system arising from the McDermott brothers' case.

While the report has confirmed the Court Service errors didn't make any difference to the controversial decision to allow the pair back to Donagh village, it has highlighted issues around the criminal justice system and how it deals with victims of sex abuse.

Mr Ford said it found that there had been a "significant gap" between the outcome expected by the agencies involved and the expectations of the Donagh community.

The report also recommends that the department should undertake a feasibility study into the introduction of "Community Impact Assessments" and report by next June.

David Ford, the Justice Minister ordered the probe after an outcry over the return of the McDermott brothers to their border village.

It was compiled by the Chief Inspector of Criminal Justice in Northern Ireland, Dr Michael Maguire, who was invited to investigate the handling by the justice system of sexual offence cases in the face of increasing public concern.

Mr Ford said: "I am grateful to Dr Michael Maguire for providing me, within a very tight timeframe, with a report that helps to clarify the events around this extremely complex and unusual case.

"The report confirms that the administrative errors which occurred within the Northern Ireland Courts and Tribunals Service, which were the starting point for this review, had no material effect on the outcome of the case.

"It further concludes that the remedial work undertaken by the Courts and Tribunals Service was extensive and comprehensive," he said.

The main conclusion within the report is that the Department of Justice should undertake a feasibility study into the introduction of Community Impact Assessments and report on it by June 2011.

David Ford said: "The report finds that, although considerable efforts were made by individuals within the justice sector to explain the legal position and the possible implications, a significant gap arose in this particular case between the outcome expected by all of the agencies involved and the expectations of the Donagh community.

"I accept that we should look afresh at how the justice system engages with victims and local communities.

"The Department already has some work in train through our current Strategic Action Plan, including the consultation I launched recently on a new Code of Practice for victims of crime, and we will also undertake a feasibility study as Dr Maguire suggests.

"However, we need to be careful not to create unrealistic expectations about what effect community impact assessments could have, were they to be introduced.

"While they may well help to make communities feel their voice is being heard, judicial decisions will continue to be made independently, based on the evidence presented in court and the individual circumstances of each case," he concluded, also thanking the victims of the Donagh abuse and local community representatives for participating constructively in the review process.

See: Calls For Combined Justice And Health Summit Over Donagh Brothers Abuse Case

(BMcC/KMcA)