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families

Families of murder victims say they are "invisible" in law

One survey respondent reported that they felt “non-existent, not respected, like we were nobody.”

A SUPPORT NETWORK for families of victims of homicide have said that they are not respected during legal proceedings.

New research by AdVIC into the attitudes of families of victims of homicide about the Irish Criminal Justice system has revealed that over a quarter of families of victims of homicide felt that they were not respected during the trial process.

One survey respondent reported that they felt “non-existent, not respected, like we were nobody.” They say it is caused by their lack of legal standing in cases.

Ireland is obliged to implement the EU Victims’ Rights Directive on 15 November, but AdVIC has warned that the Government looks like it will not meet all of its commitments for providing vital services to victims’ families. They say that they need to be able to access information and support services free of charge.

For example, although seating for the victim’s family is meant to be reserved in court, it is not always enforced by court ushers which has lead to a range of uncomfortable situations.

The research found:

  • Only one in five families felt that they fully understood the legal process around their case;
  • 20% complained that they did not comprehend the rationale for the sentence handed down to the killer
  •  45% felt that they were kept up-to-date regarding key decisions affecting the trial of their loved one’s killer;
  • 86% of families feel that family members should be represented at parole hearings;
  • 94% of families feel that they should be informed of offenders release as practice

John Whelan of Advic says that families feel they are invisible.

“Families of victims of homicide are inadvertent victims of crime, but not recognised in law as such. In essence, we are invisible. There is no legal recognition of our existence.

“The legal system is concerned with the State and the accused. As a result families are often left with a sense of unfairness and injustice due to a variety of issues within the Irish criminal justice system.”

Research participants also felt that they were treated with a lack of sensitivity throughout the whole process. For example, one family complained that they were not given the correct date of one of the initial court appearances and were disappointed as they never got to hear the guilty plea. The majority of homicide victims families felt that the rights of the accused were prioritised more than the victim or their family.

Read: Team to start digging for remains of ‘Disappeared’ Joe Lynskey

Read: Irish people seem to trust the judges and the legal system…

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