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Witnesses in a trial are currently only entitled to paid leave for the day they are testifying Alamy Stock Photo

Justice department throws cold water on calls for witnesses to get paid leave throughout trials

Paula Fay was not entitled to paid leave to attend the trial of her brother, who raped her when she was a child.

OPPOSITION POLITICIANS HAVE backed calls for court witnesses to be entitled to paid leave for the duration of a trial, rather than the current system which only extends leave for the day a witness is giving evidence.

Paula Fay, a woman who has spoken out about reforms needed in the legal system after testifying about being sexually abused by her older brothers, Richard and Bernard Brennan, had to take annual leave or unpaid leave to attend her abusers’ trials this month.

Gary Gannon, Dublin Central TD and Social Democrats spokesperson on justice, has said it is “sickening” that Paula did not have an entitlement to paid leave to take part in the “traumatic” process.

But the Department of Justice has indicated that it does not have any plans to amend the system to bring leave entitlements for witnesses in line with what is available for jurors.

Speaking with Oliver Callan on RTÉ Radio One yesterday, Paula and her sister, Catherine Wrightstone, said witnesses should be entitled to the same paid leave jurors receive.

Earlier this month, their brother, Richard Brennan, a former priest, was sentenced to eight years in jail for the rape and sexual assault of his sisters. Their older brother Bernard was also jailed for four-and-a-half years for sexual abuse of his sisters.

The three sisters involved in the case, Paula, Catherine and Yvonne, gave evidence to the court.

Paula said that as the trial involved herself and her siblings, she wanted to attend all of it, rather than only attending when she herself was giving evidence.

“I know that jury members are entitled to be paid through their employment when they’re on a jury, for the entire trial, and I feel that something needs to change that a witness is also doing their civic duty. I feel it is exactly the same,” she said.

Speaking to The Journal today, Gannon said he supports the “urgent reform” of witness entitlements to paid leave.

He said: “It’s sickening to hear Paula say she had to use annual or unpaid leave just to attend her brother’s trial and take part in something as important and traumatic as this process.”

“I fully support Paula, Catherine, and Yvonne in their call for urgent reform of witness leave entitlements – especially for those involved in cases as horrendous as this one,” he added.

He said witnesses are performing a “civic duty”, just like jurors, and deserve the same protections and support for the full duration of a trial.

“It’s the very least we owe people who show such courage in seeking justice,” he added.

Sinn Féin spokesperson for justice Matt Carthy told The Journal that the entitlement to court leave should be examined.

He said: “There is clearly a need for greater support for victims and survivors for whom the court process can be very traumatic. While supports have improved much more can be done.”

“We have to listen to people like Paula Fay and Catherine Wrightstone when they tell us about their experience of the judicial process and what they feel are the deficiencies in the system at present,” he said.

He added that other states have court leave entitlements for witnesses, and the government should look at how a similar entitlement could be introduced here.

However, in a statement to The Journal, the Department of Justice, said that although they acknowledge the “immense courage” it takes for survivors of sexual violence to report abuse and participate in the justice process, there is an “important distinction” between jury service and being a witness.

It said: “Jury duty is a mandatory civic obligation while witnesses including survivors of sexual offences are generally required to attend court only for the time needed to give their evidence.”

It added that witnesses may also be entitled to witness expenses for travel to court and for days they miss out on wages due to testifying.

To receive these expenses, garda must apply to the judge to have the witnesses’ expenses paid, the judge must agree and make an order.

It said: “Witnesses, including survivors of sexual offences, are typically only required to attend court to give their evidence, and as full attendance is not expected, extended expenses do not usually apply.”

It added that witnesses can access supports such as court accompaniment and counselling are available through organisations which are funded by the department of justice.

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