The Office of the State Pathologist provides a national, year-round forensic pathology service here in Ireland, offering independent expert advice on matters relating to forensic pathology and performing post mortem examinations in criminal, suspicious or unusual deaths. State pathologists are often required to attend and give evidence in coronial, criminal or civil courts or sometimes to attend crime scenes.
The report notes the wide range of valuable work conducted by the Office throughout 2023, including 400 cases of which 48%, or 192, were State forensic cases.
Speaking on the team’s work in 2023, Professor Linda Mulligan said: “The Office of the State Pathologist collaborates with a huge number of stakeholders to ensure the highest standards of practice. In 2023, we reviewed our paper-based processes in line with the Department of Justice environmental policy and introduced paperless reporting to coroners. We also had important input into the development of the Human Tissue Act 2024, and we continue to work with the HSE, Faculty of Pathology, and the Department of Justice to support the reform of the coronial autopsy service.”
The team provides expert input to many boards and advisory groups, including the Autopsy Quality Improvement Committee, the HSE mortuary improvement programme, and the Faculty of Pathology RCPI. 2023 marked Professor Linda Mulligan’s third year as Chief State Pathologist. The Office enjoyed a full team for most of the year, with a Chief State Pathologist, two State Pathologists, two Deputy State Pathologists (one of whom departed in November 2023), and a locum State pathologist based in Cork.
Reflecting on 2023, Professor Linda Mulligan said: “The support and governance offered by the Department of Justice have allowed us to continue to expand and strengthen the work that we do. We will keep striving towards the highest standards of practice in forensic pathology, with the ultimate aim of providing the best possible service to bereaved families and loved ones across Ireland, as well as the Coroners, An Garda Síochána and the Courts.”
As already stated: During 2023, 400 cases were dealt with by the Office of the state Pathologist (this figure was 417 in 2022, 327 in 2021, 345 in 2020, 335 in 2019 and 286 in 2018). Of these 192, or 48%, were state forensic cases. Attendance at the scene of death was recorded in approximately 4% of cases. (This figure was 26 of 213 cases (12%) in 2022.) The Office, at the direction of the Dublin District Coroner, carried out 161 adult non-suspicious post mortem examinations. There were 36 cases of endoskeleton remains, 17 of which were documented as animal bones, 19 as human bones.
Note: The full 2023 Annual Report of the Office of the State Pathologist can be read HERE.
Limerick is the second location to trial Body Worn Cameras following their introduction in Dublin in early June, which saw an overall positive reaction from the public, as to their necessary use.
Garda Body Worn Cameras.
Garda Commissioner Drew Harris, today launched the Body Worn Cameras proof of concept at Henry Street Garda station in Limerick city. Limerick is the just the second of three pilot locations to test the use of Garda Body Worn Cameras (BWCs) before a national rollout.
The Garda Síochána (Recording Devices) Act 2023 was signed into law just last December. The Act provides for Body Worn Cameras, Garda CCTV, automatic number plate recognition, and Community CCTV.
An Garda Síochána is undertaking three phased introductions as part of its proof of concepts stage. Three vendors have been chosen with different BWCs to be deployed in each trial location. The cameras in use in the DMR and Limerick are from different manufacturers.
The pilot roll-out of BWCs will continue later this year in Waterford. When complete, the three-phased pilot will inform their introduction in Garda Stations nationwide.
Each BWC can record footage to its own internal encrypted storage, which will be uploaded when the Garda docks the camera in a Garda station. The camera footage is uploaded at the end of a shift so it can be used as evidence at court or is deleted after an agreed time, if it is not required as evidence. All of the digital imagery collected by BWCs will be managed by a Digital Evidence Management System (DEMS).
Commissioner Harris also warned Garda members that they will face dismissal from the force, and potential criminal prosecution, if they are found to have shared or leaked footage of incidents captured on Garda BWCs.
A 22-year-old male admitted raping a 13-year-old girl and falsely imprisoning her 16-year-old friend, having driven both teenage girls to buy cannabis in Co Tipperary on June 22nd of last year.
Both girls had been looking for a lift, and the man said he would take them “to collect weed”. Having collected the cannabis, the man drove the victims to a dark and secluded carpark area and raped the younger girl, while the other girl remained locked in his car. He returned to the car some 15 minutes later and drove the girls to where they were staying.
The court learned that the man knew the girls age as he was already friends with her cousin. Ms Justice Karen O’Connor said that the huge age disparity between the accused and the 13-year-old minor was an aggravating factor in the offence, along with the fact that he had driven both girls to obtain drugs.
The accused was already on bail for the defilement of another teenager at the time he carried out the rape and false imprisonment. Ms Justice O’Connor said that the offences now represent both a repetition and an escalation of his previous sexual offending. The court also heard that his previous sentence of five years, with two years suspended, has now been activated and same must be served prior to this new 7 year sentence could take effect.
Ms Justice O’Connor further ordered that the accused remain abstinent from alcohol and all illicit drugs; attend mental health services, and engage with all treatment programmes and offence-focused work, as directed by the probation services, by Túsla and by An Garda Síochána. She further directed that he undergo supervision by the probation services, for a further three years following his prison release, and that his name be placed on the ‘Sex Offenders’ Register.
Passage of Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 Welcomed.
Mandatory retirement age for uniformed public servants to increase from 60 to 62 years for those who wish to avail of it.
Carrier liability fines to increase where airlines allow passengers to board without proper documentation.
Maximum penalties for a number of serious knife-related offences to increase.
The passage of the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 has been welcomed today.
This Bill will allow for an increase in the mandatory retirement for uniformed public servants, including members of An Garda Síochána, Prison Officers and the Defence Forces, from 60 to 62 years of age, for those who wish to avail of it
The Bill will also increase the maximum fines payable by airline and ferry companies, where they allow someone to travel into the Irish State without proper documentation.
The Bill restores the power of the Minister for Justice to revoke certificates of naturalisation. The Damache Judgement in the Supreme Court found the process lacked necessary safeguards. The circumstances in which certificates can be revoked remains unchanged and include where a person poses a security risk to the State or where citizenship was obtained through fraudulent means.
The Bill will also increase the maximum penalties, upon conviction on indictment, for the following four knife-related offences;
Possession in a public place of an article intended to cause injury to, incapacitate or intimidate the person.
Trespass with a knife, weapon of offence or other article which has a blade or sharp point.
Production of an article capable of inflicting serious injury.
Manufacture, sale, hire etc.of offensive weapons, (of such description as may be specified by Ministerial order).
The Bill also includes a number of amendments to the Judicial Council Act 2019, to provide for changes to the personal injuries guidelines to address issues identified by the Supreme Court in the recent Delaney case.
The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 has passed through both Houses of the Oireachtas today.
The Bill is seen as a major legislative step forward in ensuring that the justice system protects and supports all victims of domestic, sexual and gender-based violence.
The Bill contains a number of important measures, including:
Ensuring anonymity for victims in all trials for sexual offences.
Extend the victim’s right to separate legal representation if they are being questioned about their previous sexual history.
Ensure character evidence at a sentencing hearing for a person convicted of a sexual offence must be made on under oath or by way of affidavit.
Ensure people subject to military law who commit specified sexual offences will be dealt with by An Garda Síochána and the civilian courts rather than by courts-martial.
Put the new National Referral Mechanism (NRM) for human trafficking victims on a statutory footing.
Clear the final obstacles to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
The Bill, once enacted, will ensure anonymity for victims in all trials for sexual offences and will offer them greater protection, as they engage with the justice system, by enshrining their right to separate legal representation if there is an application to question them over their previous sexual experience.
The victim’s right to separate legal representation if there is an application to question them about their previous sexual experience will be extended to include trials for sexual assault, which had not previously been covered under the legislation. The barrister who is assigned to represent the victim at the application will be allowed to continue to represent the victim at the questioning, if the application is granted.
The Bill also provides for the ‘vouching‘ of character evidence in sexual offences cases. This will ensure that where a person has been convicted of a sexual offence, character references presented at sentencing will have to be made via oath or affidavit.
In addition, the new Bill also puts a revised National Referral Mechanism (NRM) in place for identification and support of victims of trafficking. This new approach will make it easier for victims of trafficking to come forward, be identified and access advice, accommodation and support.
Some victims of trafficking, because of interactions they may have had with law enforcement officials in other jurisdictions, have a perception that police cannot be trusted. This new approach acknowledges other state bodies, outside of An Garda Síochána, as well as Non-Governmental Organizations (NGOs), have a role in identifying victims of human trafficking and referring them to the National Referral Mechanism.
Recent Comments