Martin Ferris
Question:369 Mr. Ferris asked the Minister for Justice, Equality and Law Reform if he will order an investigation into the circumstances surrounding the arrest, trial and subsequent acquittal of persons (details supplied). [17432/03]
Written Answers. - Criminal Prosecutions.
I have been informed by the Garda authorities that, following an extensive Garda investigation into an incident which occurred on 15 August, 1999, three persons were sent forward for trial, on the instructions of the Director for Public Prosecutions, on charges under the Non-Fatal Offences Against the State Act 1997, the Firearms and Offensive Weapons Act 1990 and the Criminal Justice (Public Order) Act 1994. Summonses were served in connection with the matter on 28 December 1999.
The three, along with another person, were arrested on 29 December 1999, following an incident at the home of a State witness. The three were charged with offences under the Criminal Damage Act 1991, the Criminal Justice (Public Order) Act 1994, and the Non-Fatal Offences Against the Person Act, 1997. The three appeared before a District Court sitting on 29 December 1999, where one was admitted to bail. At another sitting of the District Court, the other two were released on independent bail, with conditions attached, to appear at a District Court sitting on 8 March, 2000. On that date, one person failed to appear in Court and a bench warrant was issued for his arrest.
An investigation file relating to the incident on 29 December 1999 was forwarded to the Director of Public Prosecutions who directed that various charges were to proceed summarily under the aforementioned Acts against the three accused. The cases in this incident for two of the accused were heard at a District Court sitting on 28 July 2000. At this session, the case against one of the accused was dismissed and one other accused was convicted and sentenced to six months imprisonment with a further six months to run concurrently.
On 1 May 2001, the accused who had failed to appear in Court on 8 March 2000 was extradited from the United Kingdom and served with the Book of Evidence relating to the incident on 15 August 1999. The accused was remanded in custody to await trial. This accused was also charged in relation to the incident on 29 December 1999 and this case is next in court on 9 July 2003.
In May 2000, two of the accused were convicted on charges relating to the incident on 15 August, 1999 and were each sentenced to four years' imprisonment. They sought a judicial review in respect of these convictions. On 23 March, 2002, the Court of Criminal Appeal set aside their convictions and ordered a retrial. An application to have their trials transferred to the Dublin Circuit Criminal Court was granted.
The third accused who had been extradited from the United Kingdom took proceedings to prevent his trial from going ahead and this was refused. This trial was also transferred to Dublin. The trial of the three accused for the incident on 15 August 1999 commenced at Dublin Circuit Criminal Court on 6 February 2003. On 14 February 2003, the jury returned a "not guilty" verdict on all charges. As the Deputy will be aware, the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. I have no function in relation to verdicts of the courts, nor is it open to me to intervene in court proceedings of this kind.