The Use of Non-Accredited Interpreters

Kerry Deaf Resource Centre email update, 28 Oct 2008

THE USE OF NON-ACCREDITED INTERPRETERS

Our service has been campaigning for a long time to ensure Deaf people are provided with appropriately qualified interpreters.

In the Corkman newspaper on the 16th of October, they ran an article on a court case where all the charges were dismissed due to the mishandling of interpreting access.

The paper reported that "the difficulties arose regarding a statement made by witness Marie O’Sullivan on the night of the incident, and the qualifications of an interpreter used at the court hearing. Tom O’Sullivan, defending solicitor for Laura Kelly, called for the case to be dismissed onthe basis that there had been a statement taken from a witness without an interpreter on the night of the incident..... In addition, he said, an interpreter used in court at a previous sitting, on September 3, had not been properly qualified.

Following that sitting, Mr O’Sullivan had sent Gardai information contending that the interpreter used for key witness Marie O’Sullivan in court was not properly qualified. “She [Laura Kelly] is entitled to fairness,” said Tom O’Sullivan. “I believe that the issue that has arisen is due to the interpreter, as she was not properly trained"

This is certainly a wake up call for Gardai, Courts and other agencies.There have been a number of incidents in Cork where a non-accredited person has been booked via Access Translations. The HSE and Court Services use Access Translations for sign language interpreters- however none of the agencies ensure the person booked is appropriately accredited to do the work.

We will continue to campaign to ensure only accredited interpreters are booked for all interpreting assignments.



MINISTERIAL ORDER ON INTERPRETER USE IN GARDA INTERVIEWS

To prevent cases collapsing as the one above, we need to be aware of the rights that Deaf people have in Ireland and ensure these rights are respected.

In the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Siochana Stations) Regulations, 1987.(8) (a) Where an arrested person is deaf or there is doubt about his hearing ability, he shall not be questioned in relation to an offence in the absence of an interpreter, if one is reasonably available, without his written consent (and, where he is under the age of seventeen years, the written consent of an appropriate adult) or in the circumstances specified in paragraph (7) (a) (iii).

For more information on this regulation, check out the following

http://www.irishstatutebook.ie/1987/en/si/0119.html

Bitter anger as charges in Kanturk assault case dismissed

ALL charges have been dismissed in a case where an alleged violent incident between young women in Kanturk led to one of the teen being hospitalised with her face a mass of injuries.

At Kanturk District Court, charges of assault against sisters Laura Kelly, 42 St Theresa's Place, Kanturk, and Mary Kelly, Coolagella, Kanturk, relating to an incident at O'Brien St in Kanturk on April 15, 2007, were dismissed 'on merit' by Judge Michael Pattwell.

At the start of the eighth listing of the case at Kanturk, lawyers for the defendants pointed out a number of difficulties with the prosecution case, and Judge Pattwell subsequently dismissed all the charges.

The difficulties arose regarding a statement made by witness Marie O'Sullivan — who can't hear or speak — on the night of the incident, and the qualifications of an interpreter for Ms O'Sullivan used at a previous court hearing.

Gardai had appealed for the case of alleged assault of Nadd woman Nadine Picton (18) to be adjourned.

On the night in question, Nadine Picton ended up receiving hospital treatment for a number of facial injuries incurred in an incident earlier that evening in Kanturk. Ms Picton claimed she had been assaulted by the Kelly sisters — a claim denied by Mary and Laura Kelly.

The case, first mentioned in court on December 2007, had been adjourned for a succession of reasons, until October 1 last.

In court on October 1, a statement was made by Garda Padraig Reddington appealing for yet another an adjournment on the basis that a key witness had, in their opinion, become hostile.

"There is an application by the state to adjourn this matter. There is a hostile witness and other matters arose," said Garda Reddington.

However, Tom O'Sullivan, defending solicitor for Laura Kelly, called for the case to be dismissed on the basis that there had been a statement taken from a witness without an interpreter on the night of the incident. In addition, he said, an interpreter used in court at a previous sitting, on September 3, had not been properly qualified.

Following that sitting, Mr O'Sullivan had sent Gardai information contending that the interpreter used for key witness Marie O'Sullivan in court was not properly qualified.

"She [Laura Kelly] is entitled to fairness," said Tom O'Sullivan. "I believe that the issue that has arisen is due to the interpreter, as she was not properly trained.

Inspector Colin Collins agreed that an issue arose regarding the interpreter and he added that the witness herself, Marie O'Sullivan, might be unsuitable to give evidence.

For the full article go here - be warned, the photos used in this article may be distressing.

DODGEMS - Interpreted Play

VENUE: O’REILLY THEATRE

BELVEDERE COLLEGE

GREAT DENMARK STREET

DUBLIN 1

Dodgems is a seductive theatrical collage of fantasy and reality. The light and dark of the fairground plays upon the motley crew of characters which inhabit this dreamlike realm. If you’re David Blane, you’re insane, if you’ve a club and spade, you’ve got a trade, if you can dodge and feint you can paint and if you are feeling tired you’ll be after an uncle Ned to Bo-Peep in.

DATES: RUNS UNTIL SUN 12 OCTOBER

TIMES: TUES – SAT 7.30

MATINEES SATS 2.30

SUNS 3.00

TICKETS:

TUESDAY – THURSDAY: €28/€26

FRIDAY – SUNDAY: €33

SAT MATINEES: €22

All performances are Sign Lanugage interpreted.

Contains material of an adult nature.

WHAT THE CRITICS SAY:
“… the set is exquisite. A real bumper track morphs from pastoral scene to pole dancing club to nunnery and is a brilliant testament to CoisCéim’s characteristic and ingenious skills with staging.” -Stephen Mulkearn, Metro

“Director/Choreographer David Bolger & Charlie O’Neill hit on a marvellous concept, blending the exotic but unconventional ways of outsider circus folk, whose difference we revel in and even enthusiastically accept, with the experiences of our new outsiders … terrific staging and performances” -Seona Mac Réamoinn, Irish Times

“the marrying of several folk dance traditions raised the roof” -Seona Mac Réamoinn, Irish Times

“… the act of colliding versus the act of avoiding – and it underpins much of what O’Neill and choreographer/director David Bolger set out in Dodgems…. serges into a finale of show-piece dancing, a joyous and seemless integration of folk dancing styles” -Michael Seaver, Irish Theatre Magazine

DIRECTOR & CHOREOGRAPHER DAVID BOLGER
WRITER CHARLIE O’NEILL
ORIGINAL MUSIC ELLEN CRANITCH
SET DESIGN PAUL O’MAHONY
LIGHTING DESIGN JOHN COMISKEY
COSTUME DESIGN KATHY STRACHEN
SOUND DESIGN ALEXIS NEALON

CAST INCLUDES: PIOTR BAUMANN JASON E. BERNARD SIMONE CHOPLAIN LEE CLAYDENAMANDA COOGAN UNITA GAY GALILUYO GIER HYTTEN MÓNICA MUÑOZ MARÍN VANESSA MANUNGA EMMA O’KANE DIANE O’KEEFFE MARK O’REGAN DAVID TOOLE
LITTLE GIRL: SHAUNA HARRIS KARLA ONG ELIZABETH OZYUIANUINA MUSICIANS: DAVID CARMODY ELLEN CRANITCH SIMONE MENDONCA