Taoiseach Brian Cowen has reacted angrily to charges that he is guilty of "economic treason" by Labour leader Eamon Gilmore.
Gilmore charged that Cowen's alleged mishandling of the economy, and the current government's attempts to refinance the banking sector and introduce NAMA to sort out toxic property loans, equated to an act of economic treason on the State.
Cowen was visibly upset at the charge, and perhaps with good reason. The offence, in legal parlance, is an unlawful act that threatens to undermine (or actually does undermine) the State, and those found guilty are traitors. No specific offence of economic treason exists.
The charge was made in the Dail and as such Gilmore enjoys absolute privilege. The law on treason though, were Cowen to ever be actually charged, is quite interesting. The Treason Act 1939 says a person is guilty of the offence if he or she levies war against the State, attempting by force of arms of other violent means to overthrow the organs of the State, or conspiring to do either of those. The offence is punishable, according to Section 1(1) of the Act, by death. However the 2002 21st amendment to the Constitution removes the death penalty, so it is unclear, at least at first glance, how such an act would be punished, as the law has not been updated.
However Section 3 of the Treason Act equates the indictment, arraignment and conviction and sentencing of treason with that of murder so it is reasonable that anyone who was ever convicted, however unlikely, would face a life prison sentence.
Does an act of gross mishandling of the State's economy constitute treason? It is unlikely any Supreme Court would convict. Although with a jury of 12 angry citizens, who knows?
TF
Although Brian Cowen has grappled embarrassingly with the state's affairs since his being Taoiseach, and even as Minister for Finance, I think such comments from Eamon Gilmore should be thought out properly before exclaimed with conviction in the Dail.
ReplyDeleteCollected evidence of Brian Cowen's 'crimes', although without doubt would shame the Taoiseach massively, would not count for such a crime as treason.
I think Gilmore over-estimates Cowen's political game-plan. At the moment, Cowen slips and slides on a rapidly declining slope with his fellow 'Warriors of Destiny'...I sincerely believe the man has not had the time or evil initiative to commit such a crime.
DC.