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Dáil Éireann debate -
Thursday, 25 Apr 1929

Vol. 29 No. 8

Adjournment Debate. - Alleged Assaults at Glanmire.

In bringing forward this on the adjournment I must say that the manner in which this and other matters, which are really very serious, are treated by the Minister for Justice is, to say the least of it, very unfair. The case I put before him here last week represented most unjustifiable action on the part of the detective division of the Guards. At a local dance hall, which used to be attended by the Civic Guards, a Guard came in one night and tried to kick up a row. He was prevented from doing so. When young Walsh, with whom he attempted to kick up the row, came outside the hall, he was arrested and taken to the local police station. There he was detained until 11.30 at night. The next thing that happened was that Stephen Walsh was released from the police station and then he was found by a Guard lying unconscious on the footpath within fifty yards of the police station. The other four boys mentioned went for a walk as far as the local post office in Glanmire. When they were coming back, this private car drove up and stopped at the police barrack. A flash-lamp was immediately turned on the boys. Four men got out of the car, followed them up the road, called on them to halt, assaulted them and kicked them when they were down. I have statements from those four boys, the same statements as were given to the Superintendent of the Civic Guards the following morning.

Last week the Minister for Justice stated: "I have no evidence to show that the allegations against the Gárda Síochána contained in the question are well founded, but there is some evidence that some time previously there was a drunken row in the neighbourhood, and that hot words were used. Further investigations are proceeding along these lines." Apparently the suggestion here is that this was a row between civilians. The Minister goes so far as to say that the authorities are making full investigations. Last week when I asked about the matter the Minister said: "May I read out the latter part of my answer which the Deputy does not seem to have heard? There is some evidence that some time previously there was a drunken row in the neighbourhood and that hot words were used.' It would appear that after this man's release from the Gardai station people who had been waiting for him as a result of a previous row went for him. That is a possible explanation of what happened, and is being investigated."

As I have said, statements were handed to the Superintendent on the 11th March. In one of those statements it was pointed out that when the four men came up to the young fellows, one of them said, "Where are the guns? Where are the McCarthys' guns to-night?" The statement then pointed out that one of the four men struck one of the young fellows across the mouth and he fell. The statement proceeds:—"I then received a third blow while on the ground, and I recognised the man as being the man who searched me at my brother's house in company with the local sergeant a short time ago." Now, there is one member of the Detective Division who has been definitely recognised as the individual who searched this boy at his brother's house a month previously. Surely the Superintendent would not have any trouble in finding out who the detective was who visited and searched this house in company with the local sergeant. Another of the young fellows stated: "I would know the man definitely again if I saw him." One of the detectives has been definitely identified, and that removes any suggestion that this was the result of a drunken row, as the Minister tries to insinuate.

The Minister might state that a long time elapsed before any action was taken, but I may inform him that I used every endeavour possible to get this matter inquired into by the local police authorities before I brought it up here. I went to the Superintendent and asked for an identification parade of the C.I.D. to enable the boys to identify those who committed the assault. If it were a case of civilians assaulting each other, I am sure it would not be long until the local barrack would be packed with civilians, and identification parades would be held in order to pick out the wanted men. I do not think any Deputy can stand over such conduct as I have indicated. Members of the Detective Division jump out of their private motor-car and assault men on the road. In fact one of the detectives who assaulted these boys drove the boy who was unconscious to the North Infirmary afterwards in the car out of which they jumped before the assault was committed. The Minister stated that the young men had every opportunity of seeing the Guards and identifying them, as the Guards were in the village. But the Guards in the village did not commit the assault. There is a special gang carrying on this conduct repeatedly in the district. It is the Detective Division members, and not the local Guards, who are responsible.

The local Superintendent informed me that he had communicated with the authorities and was awaiting a reply. He said that on 11th April. The occurrence took place on the 10th March. Such conduct would not be tolerated in any force that has any idea of discipline. The Minister might say that these young men should take action in the courts. What would be the result of a prosecution? Even if the detectives were found, would there be any result? The detectives who were decreed in Waterford are still in the force, in this disciplined body of which the Minister is so proud. There was another case in Midleton where a detective was fined twice for assaults, and he is still carrying on detective work there. This is the disciplined force which we are told cannot do wrong.

If the Minister is so certain that the detective division was not implicated in this, I am quite ready to give him a fair chance of testing it. Let the three Cumann na nGaedheal representatives from that constituency constitute themselves a court of inquiry. I am quite satisfied to abide by their verdict, so certain am I the case can be proved to the hilt. The Minister on the last occasion said he would continue making inquiries. I would like to know the result of the inquiries. I know that two of the individuals concerned in the assault have since been transferred—afraid of identification, perhaps. The Superintendent in that district knows very well the four detectives who came into it that night. He would have no trouble in placing them. Is he afraid to hold this identification parade in order to enable the young men to identify those who assaulted them? The young men are told to go to the courts, but going to the courts is of very little use, and it costs money. These unfortunate boys are not enjoying lucrative salaries like other people. I would like to hear from the Minister whether he is prepared to institute such a court of inquiry as I have suggested, a court of inquiry which will consist of the three Cumann na nGaedheal elected representatives for the constituency. I am quite satisfied to leave it in their hands absolutely.

To show that this raiding and beating of people is not confined to one area I would like to read a note I got from a man in my constituency a few days ago.

The Deputy cannot read that letter arising out of this case. It must have reference to the same incident which Deputy Corry has raised. The Deputy cannot raise it on this question.

Another question and another adjournment debate.

Before the Minister replies, arising out of this question, I would like to preclude him from making certain statements. I hope the Minister, when dealing with this matter, which is now being debated, will not pursue the course which he took last night, and will not say that these men could find their remedy in a civil court, because we know, so far as that is concerned, the Minister has conspired to prevent civilians who do take action in the civil courts against officers of his Department from securing justice.

I withdraw the statement that he conspired.

The Deputy is not dealing with the specific cases raised here.

The Deputy may make any wild charges he wishes. They leave me unmoved.

I am not going to make any wild charges. I know that in one case a civil action was taken by a man——

The matter does not arise on this question at all.

I am attempting to anticipate the reply——

That is something which the Deputy cannot attempt in this debate.

If the Minister states that the civil courts are open to the aggrieved persons in these cases to secure redress, will he guarantee to finance the cost of the action of the several persons in these cases, because I know in one case at any rate where justice was attempted ——

The Deputy is completely out of order on this matter.

I hope, at any rate, the Minister will not pursue that attitude when he is replying. I hope at any rate he will not do that, because it will be elicited in this House that at least £200 has been spent by a civilian in trying to secure redress for an assault committed by a Civic Guard on account of the vexatious appeals taken by the Minister.

The Deputy is out of order.

Of course this is one of a series of charges which here, day after day, by means of questions, and night after night, on the adjournment, are being brought against the Civic Guards. I am perfectly aware, and I think everybody in this House and everybody in the community must be aware, what lies behind all this.

The Minister cannot deal with the general charges. He must deal with the specific charge here.

I will deal with the specific charge, but surely, I submit to you, although I always bow to your rulings, that I may say that this charge is one of a series of charges, and that this charge is inspired by a particular motive, and that that particular motive is evidenced by other charges brought here. The particular motive is this: to endeavour to lower the Civic Guard in the eyes of the Irish people, and to endeavour to demoralise the force in order that these particular persons——

On a point of order——

What is the point of order?

I submit that the Minister is dealing with a general matter, while Deputies on this side of the House were prevented from dealing with general matters a few moments ago.

The Minister, like every other member of the House, must keep to the specific case.

I would also submit to you that a member has a right to raise a question on the adjournment and that the Minister is not entitled to charge us with attempting to demoralise the Gárda Síochána in the country. Deputies raise these matters as a matter of duty to their constituents, and when they do that in order to direct attention to it, the Minister is not entitled to attack them.

I do not withdraw one single word I have said. I know precisely what lies behind these charges. As far as this particular case is concerned, what is it? Deputy Corry, I notice, started off with one man named Walsh, and he ran away from that particular matter as quickly as he could. He went on to state that Walsh was brought into the police barracks, that he was brought in by an ordinary uniformed Guard, that he was asked what he was at—that was very necessary considering his history and position—and then he was discharged from the barracks. Some time afterwards this very same Guard was called by Miss McCarthy, a sister of the men, who said her brothers were assaulted. They went out for some distance to a garage and they found this man lying on the road some distance from the barracks. I read the question from the Deputy, and this man has never stated that he was assaulted by the Guard. He was let out of the barracks and he does not allege that anything was done to him in the barracks. The Deputy simply stated that he was found fifty yards from the barracks. He was brought to the barracks. As a matter of fact there was nothing wrong with him and he was discharged at a few minutes past eleven next morning. While in the barracks he was asked for a statement, but he refused to make any statement. Surely no matter how bigoted or how biassed the Party opposite may be, they cannot consider that there was any foundation for a charge against the Guard in that statement. Here is a man who does not himself say that the Guard assaulted him, a man who does not say that he was assaulted, but a man who was simply found lying on the road. Some time afterwards he was brought to the infirmary and was discharged next day. What evidence is there of assault against any Guard? That shows the particular type of case which is brought up here.

I now come on to the other four who said they were assaulted by four men. That shows conclusively that they were not assaulted by four Guards, because the Deputy himself stated that it was not a uniformed Guard. His question says that they were not uniformed Guards. As a matter of fact, there were only two members of the un-uniformed detective division in the particular locality that night. From that it follows that this assault, if it were done by four-men, could not have been done by Guards.

Even Deputy Lemass, who some people say is not a powerful mathematician, can draw that conclusion quite successfully. Deputy Corry showed an absolute inconsistency in this matter. Deputy Corry says that the two men are known and were transferred to Cork. If the Deputy knows the men, what is the need for a parade? The two are supposed to be known. The Deputy says that one of the men declared that he can identify the particular detective who assaulted him. Yet the only person who could have been the detective who searched this house was not anywhere near Glanmire that night. That shows that there is not the slightest bit of foundation for the charge against the Guards in the case put forward here, anything which requires careful investigation. The Deputy says that in my reply I told him that there had been a drunken row in the neighbourhood some short time before, something like a week before.

It was after that.

The Deputy may know the exact date.

It was about ten days after the assault.

It happended before, unfortunately for the Deputy. A lady got married in the neighbourhood. She gave half a barrel of stout to celebrate the event. The half barrel of stout, according to the ancient custom, was brought down to the hall there and celebrations were indulged in Celebrations were carried on by the particular persons who were entitled to have the half barrel. In came Mr. Walsh with some friends, and Mr. Walsh demanded drink Mr. Walsh did not get drink. They were not as hospitable as Mr. Walsh expected.

If the Minister is dealing with the half barrel of stout, I think the Guards drank some of it.

From anything I could gather about the half barrel, there appeared to be quite sufficient there to drink it. Mr. Walsh anyhow was not given any of the half barrel, and he hit one of the men inside, according to the evidence I have received.

Whoever sent that report to the Minister should be promoted, because it is very detailed.

It was the man in charge of the tap.

It seems to have been this unfortunate half barrel, in this nice little suburb of Cork, that gave rise to a certain amount of ill-feeling, and because Mr. Walsh thought that some persons were not very well disposed towards him, the row started. An investigation is to be made as to whether it was those persons who were engaged in this particular business. I do not say it was, because investigations have to be pursued, and this matter, as I pointed out to the Deputy the other day, has to be investigated. It will be very sad indeed if all the sound, fury, and fire which Deputy Corry has started to-night is going to be thrown into the residue of the half barrel of stout.

May I ask the Minister will this inquiry extend to an investigation of the conduct of the police on that occasion?

This investigation is intended to see if these men were assaulted, and if so, who assaulted them.

It will include an inquiry into the conduct of the police?

It will be an ordinary police inquiry as to what is the explanation of what happened that night.

An inquiry into the conduct not alone of civilians, but also of the police?

From what I could gather, I assure the Minister that his information in this matter is worthy of the gentleman who wrote the report. I suggest that he should look into the matter to see if he is the same gentleman who wrote the report on the West Cork cases the other day. If so, he should be writing Sherlock Holmes stories instead of being a detective. To my mind, this is a very clear case. Two of these individuals have been already identified. These four boys want an opportunity to identify the other two. Is the Minister going to afford an opportunity to them? I am making the matter as clear as I can. I, for one, can state that there has been no row in that district during the past three years of any description whatsoever. I can state further that this squabble which he says occurred, took place between eight and nine days after the assaults were committed, and was not in the way of a squabble between civilians. I can further state to him that one of the boys happened to be secretary of our local Fianna Fáil Club.

He would not give Walsh a drink.

It is the knowledge of that fact which prevents the Minister or the gentleman who sent up the report from saying that they were I.R.A. men who produced guns or something of that kind. I would ask the Minister does he intend to afford these boys an opportunity of identifying the men who assaulted them, or is he prepared to accept my suggestion of setting up an impartial tribunal consisting of the Cumann na nGaedheal Deputies. I am sure that Deputy Carey and Deputy Daly would be impartial men, and if the facts were put before them, I would be quite satisfied with the result.

Is the Minister aware that at a recent fair in Kilrush one of the Gárdaí was nearly beaten to death?

That is a long way from this matter.

As the members of a force which has given good service to the Saorstát, will he see that they are given adequate protection from people who try to murder them?

Might I ask the Minister whether the two members of the detective force, who have been identified as being concerned in these assaults, will be engaged in the investigation of this matter?

I do not know who the two men are who were identified, according to Deputy Cooney, because nobody has been identified, as there were no Guards concerned.

The Dáil adjourned at 11 p.m. until 10.30 a.m. on Friday, 26th April, 1929.

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