§ Mr. Bradfordasked the Attorney-General how many court trials against suspected terrorists have been dropped because of the non-availability of key witnesses in Northern Ireland.
§ The Attorney-General[pursuant to his reply, 3 December 1976, c. 6]: Records kept by the Director's office show that during the period 1 January 1975 to 31 December 1979 in eight trials on indictment of scheduled offences involving 16 accused the trial was either discontinued or one or more accused was found not guilty as a direct result of the non-availability of the evidence of a material prosecution witness or witnesses. These eight trials involved 18 witnesses whose evidence was not available. In each of the eight trials the bill of indictment was either discontinued entirely in respect of one or more accused or one or more accused was acquitted on all counts preferred against him on that bill of indictment.
In each of the above cases the witnesses were intimidated. In two of these cases seven witnesses appeared at court on the day of trial but refused to testify when called to give evidence.
During the period mentioned no trials of scheduled offences were discontinued or resulted in acquittal of an accused 565W through witnesses being unavailable in Northern Ireland other than for reasons of intimidation.
No corresponding statistics are maintained for trials where charges were altered in the bill of indictment or where the accused was acquitted on some but not all counts of the indictment by reason of the non-availability of evidence of a material prosecution witness or witnesses. There has in fact been a substantial number of cases in which the non-availability of the evidence of a witness has required alteration or withdrawal of individual counts.