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Dáil Éireann debate -
Wednesday, 29 Feb 1928

Vol. 22 No. 5

PUBLIC BUSINESS. - SHOOTING OF A PRISONER.

Dr. O'DOWD

I desire to draw the attention of the Dáil to the circumstances surrounding the death of Patrick Mulrenan, of Lisacul, Ballaghaderreen, Co. Roscommon. I raise the question on the motion for the Adjournment because of the unsatisfactory nature of the reply to a question of mine by the Minister for Defence. In reply to a question of mine on this day week the Minister said that a coroner's inquest was held to investigate the circumstances of this man's death. The inquest appears to have been adjourned on three occasions and no definite findings were arrived at. Perhaps the Minister in his reply now will tell us if it is usual for a coroner's inquest to meet and adjourn after three sittings and arrive at no definite findings. I challenge the Minister to set up an impartial inquiry to inquire into the circumstances of Patrick Mulrenan's death. He should certainly agree to do so unless he is afraid of the findings of such Committee of Inquiry. The Minister admitted on this day week and also to-day that this young man died as the result of a wound received from a shot fired by an officer of the National Army. That much is admitted. The Minister further said:—"I understand that there was a state of active mutiny and that this man and others were warned that unless they behaved themselves they would be shot." I expect that he will advance that as a reason why Colonel Lawler shot Patrick Mulrenan in Athlone on the Pump Square on 6th October, 1922. Everybody in this House may not be conversant with the facts of this young man's death. This young man, practically the main support of his widowed mother, was taken prisoner and conveyed to Custume Barracks, Athlone. On 6th October two senior officers in the National Army in the Athlone Command entered the prisoners' compound. One fired a revolver shot and was rebuked by his senior officer with the remark: "You are a damned bad shot, Tony." Tony used an expression which I would not like to repeat in this House and expressed his determination to do better next time. He fired again. Mulrenan fell wounded and died some days later at the Curragh.

These are the facts. I expect the Minister will tell us he was shot after being warned because there was a mutiny. There was no mutiny. I hold in my hand a statement sworn before Peace Commissioners by 94 prisoners who were in Athlone at the time declaring that there was no mutiny, and that they were engaged in their ordinary occupations of making rings and bags. Patrick Mulrenan was seated on a dustbin reading a book. Was that the mutiny for which he was shot and fell wounded? The Minister has decided to tell the House that there was a mutiny. If the Minister can prove there was a mutiny let him hold any inquiry he wishes, and I will prove by hundreds of witnesses on oath beyond aye or nay that there was no mutiny. The coroner's inquest adjourned for the third time without finding a verdict. If there was any prospect of the coroner's inquest finding a verdict favourable to the Minister and to his Department would he not be glad to give them the opportunity of adjourning a fourth or fifth time if necessary to arrive at their verdict? Instead, there was an indefinite adjournment without finding any verdict. I say deliberately the reason for the adjournment indefinitely was that the verdict would be unfavourable to the Minister for Defence and his Party.

As to the question of compensation, I always understood that in any civilised State, and I hope we are still civilised, and I would be sorry to think otherwise, those who take prisoners are responsible for their safe custody. In this case you have Patrick Mulrenan held a prisoner by the National Army, standing helpless behind barbed wire, shot down like a dog. The State have the audacity to deny they have any responsibility for his death. The State are morally and legally responsible for the death of Mulrenan. One of their servants shot him, and he was not alone one of their servants but the second officer in command at Athlone, and in his company at the actual moment of the shooting was the senior officer of the Athlone Command. Patrick Mulrenan was practically the main support of his widowed mother. She lost another son in the fight as well. This woman is now looking for outdoor relief. She is trying to exist on a mere pittance amounting to a few shillings per week. The State have legal and moral responsibility, as I have said, for the death of Patrick Mulrenan, and also a moral and legal responsibility for seeing that his widowed mother is not allowed to remain in want. I trust the Minister will give some hope that he will reconsider his decision about this poor old woman.

I hope he will give some kind of an assurance that if an inquiry is not instituted into the death of Patrick Mulrenan that he will at least consider those left behind to mourn his loss, and who were dependent on him. There is an old saying that you may fool all the people some of the time, you may fool some of the people all the time, but you cannot fool all the people all the time. The Minister for Defence cannot even fool his own supporters on this. Let him go to Westmeath, Roscommon, Sligo, or elsewhere, and he will be told the true circumstances surrounding the death of Patrick Mulrenan. Even his own supporters, prominent members of Cumann na nGaedheal, can tell him the full circumstances. Let the Minister advance some plea for the shooting of Mulrenan other than the plea of mutiny, for there was no mutiny, as can be proved if an inquiry is held.

Mr. BOLAND

The Minister stated that there was a mutiny in Athlone at the time. How did he know there was a mutiny? Was it the result of a finding of the coroner's jury, or was he relying for his information on the people who did the deed themselves?

Mr. DESMOND FITZGERALD

As to the adjournment of the inquest, that is not my affair in the least. It was not the Army that adjourned the inquest. The Deputy asks me would I take steps for the holding of an inquiry? I said I would not, as I am satisfied I know all about the facts. The Deputy stated that this man was the main support of his widowed mother. I would not like to suggest, when this young man was misled by certain people to embark on a certain criminal course against the State, by taking part in warfare against the State, that he did it for the improvement of the financial position of his family, but when that action was taken I do not think it is the duty of the State to make up for the young man's remissness to his people. The Deputy purported to set out the facts. I will give the facts. What happened was, there were 950 military prisoners with a very small guard over them. They were in Athlone in a compound. There was a building inside the compound, and strict discipline was essential for the detention of the prisoners. Prior to the 6th October attempts, some of them successful, were made to escape. On one occasion Camp Commandant Fox, Seamus Maguire, and seven others tried to escape, and succeeded, including Fox. Escape was made possible by reason of some of the prisoners being inside and some outside the compound, the guard being on the outside. There was no guard inside. The prisoners inside made ropes out of the blankets, bored tunnels, and made ladders. It was by a tunnel that Fox escaped. After the last attempt the prisoners were confined to their rooms. They then went on hunger strike, and remained so for about 48 hours.

A letter was addressed to an officer by the leaders of the three different parties of prisoners. One of the demands they made was that they should be allowed out from 7 a.m. to 9 p.m. The Prisoners' Camp Commandant, when interviewed, spoke for all three parties. As a result of that, agreement was come to, to grant 13 hours a day on certain conditions, namely, that they remained out and went in to no building save the dining hall. Regulations were drawn up and posted over the building. One was given to the O.C. The hunger strike was called off. The prisoners' O.C. was informed that the regulations would be enforced rigorously and that any man caught inside who should be outside would be fired at, as it would be regarded as an attempt to escape. The Camp O.C. also issued a warning to this effect—that is, the prisoners' O.C.—and it was posted alongside the official placard. A few days afterwards it was reported that the rules were being broken. Sentries fired over the heads of the prisoners, but they ignored it. The Camp Commandant was again interviewed and was asked why he allowed the regulations to be broken. He said he could not manage them, the prisoners, and that they would not obey his orders. I think he also said it was well known that there were some men who never obeyed any order. An order was then given for a general parade of all prisoners. The men were addressed on parade and told what would be the result if the regulations were further disobeyed that they would be shot. It must be remembered that there was a state of war in the country at the time. On the 6th October it was reported that the order was being disobeyed. Between the making of the agreement and the 6th October there had been attempts to escape, one being successful. Two prisoners escaped by means of plaited ropes made from blankets. On the 6th October two officers went to the Prisoners' Camp in consequence of a report. A large number of prisoners were inside the house. That was about 1 p.m. They were ordered out of one building and ordered out of another building; a shot was fired above, and a shot was fired into the building which they had been ordered not to be in at the time. Patrick Mulrenan was wounded.

The Deputy said that the prisoner was sitting on a dustbin reading a book. I think the facts are that he had been inside the building against the orders that he had received, that his Camp Commandant had received, and which were agreed to by the Camp Commandant and the prisoners. I presume he was either inside the building or possibly attempting to come out the door.

Mr. BOLAND

He was sitting inside the door on a dustbin.

Mr. FITZGERALD

He must have been inside the building.

Mr. WALSH

That was the mutiny —deliberately murdering an unarmed man.

Mr. FITZGERALD

These were men who had waged war on the State.

Mr. WALSH

They were prisoners, unarmed prisoners.

Mr. FITZGERALD

Let me proceed. They were taken prisoners and they were attempting to escape. Some prisoners had escaped and continued to wage war on the State from outside.

A DEPUTY

Did you ever attempt to escape?

Mr. FITZGERALD

If I attempted to escape I would be prepared to take the consequences and not whine about it afterwards.

AN LEAS-CHEANN COMHAIRLE

I cannot allow these interruptions. Deputies can ask the Minister questions when he has finished.

Mr. BOLAND

Might I intervene? I submit the Minister is going into the causes of the men's imprisonment. The question that was asked was as to how the prisoner was shot, not why he was brought there. We all know what brought him there. That is not under discussion, and I submit the Minister is not answering the question.

AN LEAS-CHEANN COMHAIRLE

The Minister is giving all the information he has on the case, and the matter can be further elucidated when he has finished by asking questions if Deputies think well of elucidating the matter further.

Mr. CLERY

I do not think it is worth going further with it. The Minister has made a deliberately false statement.

AN LEAS-CHEANN COMHAIRLE

I cannot allow the statement to pass that the Minister has made a deliberately false statement. The Deputy must not say that. I must ask the Deputy to withdraw that.

Mr. CLERY

It is such a glaringly false statement that I must refuse to withdraw it.

AN LEAS-CHEANN COMHAIRLE

Does the Deputy refuse to withdraw the statement that the Minister made a deliberately false statement?

Mr. CLERY

I do refuse to withdraw it, because he has made a false statement.

AN LEAS-CHEANN COMHAIRLE

Does the Deputy still persist in refusing to withdraw the statement that the Minister has made a deliberately false statement?

Mr. CLERY

I do. I refuse to withdraw it.

AN LEAS-CHEANN COMHAIRLE

Then I shall have to send for the Ceann Comhairle to deal with the matter.

Mr. CLERY

It is so glaring that I refuse to withdraw it.

AN LEAS-CHEANN COMHAIRLE

I cannot allow this matter to proceed. The Deputy has refused to withdraw the statement. I cannot allow any Deputy to say that a Minister or any other Deputy has made a deliberately false statement in the Dáil. If the Deputy does not withdraw the statement I will have to adjourn the Dáil.

Mr. CLERY

I am very sorry to have to disobey the Chair, but the statement is so glaring and the facts are so well-known that I cannot withdraw.

AN LEAS-CHEANN COMHAIRLE

Then the Dáil stands adjourned till to-morrow.

The Dáil adjourned at 8.50 p.m. until 3 o'clock on Thursday, 1st March.

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