The innocent until proved guilty principle does not apply under all laws in Ireland

The recent horrific murder of Saad al-Hilli and members of his family in France last week was discussed on the Marian Finucane Show this morning (Sunday).

The following exchange occurred when the discussion turned to the various rumours surrounding Saad al-Hilli’s background and how these rumours might affect the case

Myles Dungan: If Saad al-Hilli is completely innocent it’s always going to be very, difficult for him because people will always say there’s no smoke without fire.

Marian Finucane: Yes, it’s kind of guilty before trial isn’t it. I don’t think we would do that here, would we?

Myles Dungan: I don’t think we would, I hope we wouldn’t anyway.

Cleary, Finucane and Dungan are completely unaware of Section 99 of the Charities Act 2009 concerning the sale of Mass cards which specifically allows for the presumption of guilt before trial

This draconian law, which provides water tight protection for the Catholic Church’s extremely lucrative Mass card trade, carries a ten-year sentence and/or a €300,000 fine for anyone who sells a Mass card without the permission of a Catholic bishop.

Here’s the relevant section:

(2) In proceedings for an offence under this section it shall be presumed, until the contrary is proved on the balance of probabilities, that the sale of the Mass card to which the alleged offence relates was not done pursuant to an arrangement with a recognised person.

Copy to:
Marian Finucane
Myles Dungan