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Dáil Éireann debate -
Wednesday, 11 Nov 1925

Vol. 13 No. 2

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - UNTRIED PRISONERS IN CUSTODY.

TOMAS MAC EOIN

asked the Minister for Justice whether his attention has been called to the case of Michael Hyland, Charles Cooney and Robert F. Moran, of Dodder View Cottages, Ballsbridge, who were brought before the Dublin District Court on April 18th, 1925, on a charge of attempted murder, and were sent for trial at the High Court Circuit; whether the accused were not legally represented at the District Court hearing; whether, pending a sitting of the High Court Circuit, the accused have been held in prison and are unable by reason of lack of means to make application for bail to the High Court; and whether he can take any steps to remedy a state of affairs which has resulted in the accused being held in prison untried for over six months.

I am aware that the men referred to in the Deputy's question were sent for trial as stated, and have been in custody since. I believe that they were not legally represented at the District Court hearing, but I have no official record as to that. I am not aware whether the fact that they have not applied to the High Court for bail is due to lack of means, but I am aware that similar applications made to the High Court by persons who had the necessary means were refused by the High Court so that the alleged poverty of the accused in the present case has in all probability little to do with their continued detention.

As regards the last part of the question, I am to-day introducing a Bill for the express purpose of hastening the trial of these and other prisoners awaiting trial by the High Court Circuit, and the trials will take place immediately the Bill becomes law.

Will the Minister make provision to allow these men, or any other men who have been in custody for so long a time, to go out on bail pending the passing of this Bill, or does he assume a man is guilty before he has been proved guilty?

I have no power, as the Deputy knows, to alter the existing legal position with regard to bail and the prisoners' right to bail. The Bill which will be introduced to-day proposes to abolish the Court of the High Court Circuit and transfer, to the Central Criminal Court, prisoners at present awaiting trial but who were returned for trial to the Court of the High Court Circuit.

Does the Minister admit the general injustice of having prisoners detained for so long without their being brought to trial?

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