asked the Minister for Defence whether any trials of internees are taking place for offences committed during recent years in any courts outside the ordinary Civil Courts of Saorstát Eireann, and, if so, whether the relatives of the internees will be informed and legal assistance be allowed if desired; further, to ask whether notice of such trials will be given to the Press, and whether Press representatives will be admitted to such proceedings.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - TRIALS OF INTERNEES.
Trials of internees are not taking place outside the Civil Courts, but in the cases of persons who have been sentenced by Military Tribunal prior to the 3rd August last, the date of the "Indemnity Act, 1923," and who have applied for the review of their sentences a Board of Commissioners as provided by Section 3 of the Act is sitting for the purpose of confirming or reducing those sentences.
Will the Minister say whether it is incumbent upon a prisoner or internee to make application, or is it automatic that the review will be considered by the Commissioners?
It is incumbent on the prisoner to make application to have his sentence reviewed.
In such cases, has that fact been notified to the prisoners, and do prisoners have an opportunity of appearing before the Commission and being represented by counsel or solicitor?
The fact that the Commission is sitting and prepared to review cases in respect of which application has been made, has been notified to the prisoners. The Commission does not re-hear cases. It simply reviews the evidence contained in the documents that already exist. The prisoner, therefore, does not get an opportunity of appearing before the Commission, but I am sure there will be no objection to allowing him to have legal assistance to help him in any way that might be necessary in making his application for a review of the sentence.
Does the Minister recognise any difference in the present situation as compared with the situation which prevailed at the time that the original trial took place, and in cases where prisoners refused on that occasion to appear before the Courts on the ground that they did not recognise such Courts, will he give them an opportunity for a re-trial if now they are prepared to recognise the authority of these Courts?
The question of re-trial does not arise, and I would not be prepared to make arrangements for re-trial in cases in which prisoners refused to recognise the Courts before. Sentences were then passed as a result of evidence definitely recorded. The present Commission of Judges is reviewing the evidence actually recorded in the proceedings as a result of which the sentence was imposed. The nature of the evidence and all the circumstances will be taken into consideration by the Commissioners at the review.
May I ask the Minister whether counsel can appear before the Commission which is at present sitting, and make a case on behalf of the prisoner?
Counsel cannot appear before the Commissioners.