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Dáil Éireann debate -
Wednesday, 28 May 1930

Vol. 35 No. 1

Public Business. - Adjournment Debate—A Finglas Arrest.

I asked the Minister for Justice a question to-day with reference to the arrest of Christopher Domigan, of Finglas Bridge. I want to make quite clear to the Minister that my object in raising this question is not to make any unnecessary attack on his Department but merely to vindicate the character of this young man. To the best of my knowledge, I have never met this young man. To the best of my knowledge, he does not belong to any political organisation, so that it cannot be said that I am raising this question in order to make political capital out of it. In point of fact, I was approached, not by Domigan, or by his people, but by some residents of Finglas who are very much concerned about the arrest of this young man. I want also to state, at the outset, that I have since found one statement I made in my question to-day to be incorrect. Since I got the Minister's reply to-day, I visited Finglas and I found that I had made a mistake in saying that the police broke into the house in which Domigan is living. The Minister's answer in that respect is quite correct. It was Mrs. Domigan who broke open the door.

I think it necessary to refer to the first arrest of this man in order to give the history of the case. About two years ago, this young man was arrested for cattle stealing, which took place somewhere outside Finglas. He was arrested, I am informed, on the evidence of a man who was locally known as "the liar." I do not intend to mention his name. If the Minister wishes, I will give his name to him privately. I am also informed that this man, on whose evidence Domigan was previously arrested, has since been convicted of stealing. Domigan at that time was tried at Swords, Kilmainham and Green Street, on the charge of cattle stealing. Bail was refused, although at least two prominent business people in Finglas were quite prepared to give large bail for this young man. He was detained at that time for something like three months. Eventually, when he was brought before a judge and jury at Green Street the judge, I understand, on the evidence adduced, gave a direction to the jury and there was an acquittal. There is one point I want to stress; it is one reason why I desire to give publicity to this case. The Minister will, I think, see the justice of what I say. When this man was tried at Swords and when the charge was brought against him of cattle stealing, great publicity was given to the case in the Press. When the case eventually came before a judge and jury at Green Street, the Pressmen probably had lost interest in it, and I am informed that not a single report appeared showing that the man had been vindicated.

The next case in which Domigan was involved took place at Easter. A local resident reported to the police that a certain sum of money had been stolen from his house at Finglas. This gentleman, when he reported the matter to the police, was asked for certain information. As a result, he gave the names of all those who were in his employment, and of all those who had visited his place of business prior to the disappearance of the money. I am informed that the names of about eight persons, including that of Domigan, were given to the police. Domigan had visited this gentleman's house the day before in order to borrow a whitening brush, which he received, I am informed, without having entered the kitchen or any portion of the premises. Domigan's place of business was searched, and then, although no trace of the money was found, he was arrested. After his arrest the police came to the house of Domigan's mother, and she informed them that her son lived in a cottage close by and brought them to that cottage. The door was locked. The mother had not got the key, and she asked the police then if they had a warrant. They said "No." She then said that she would not allow them to enter the place without a warrant. I am informed that the police asked her if she was looking for trouble, and that they so terrified the woman that she broke open the door. A search was made there, and no trace whatever of the money was found.

The Minister, in his reply, said the money was not found, and "as further evidence was not available, Domigan was released." I should like to ask the Minister if it is usual to arrest a man first and then investigate the case, or if there was any real point in arresting this man, considering that the Minister's officers could have carried out the search without the knowledge of Domigan, even though he were left at his employer's place of business. I should like to point out to the Minister the great injury that follows such procedure. Here is a man who has been charged with a serious offence and then, when information is given about another crime, not only is his own home visited, but also the premises of his employer. I should like to ask if there are many employers who would retain a man in their employment under those circumstances. I think it is the best testimony that could be given to Domigan's character that, in spite of the fact that this young man was kept three months in prison on a serious charge and was subsequently arrested in connection with the disappearance of money, he was still retained in the employment of a local man who knew all the details of the case. The people of the district who approached me are anxious to know if the Minister has any information whatsoever which would go to show that this man is a criminal. If not, they want to know why it is that he has been arrested twice—first of all on the information of a man who was known locally as "the liar," and who has himself since been convicted of stealing, and secondly, arrested on no particular evidence whatsoever, because the man from whose premises the money was stolen was very indignant that Domigan was in any way implicated in that particular affair. My only object in bringing forward this case is in order to satisfy local people and the parents of this young man that his character has been publicly vindicated.

I am a little astonished at the Deputy asking a question of this nature and originating a discussion of this nature without the consent of this man, Domigan——

Pardon me, that is not so. I said I did not get the information directly through him, but it was with his consent. The information came through the family.

Then I misunderstood the Deputy. If the Deputy has got Domigan's consent, it makes my position very much easier. It is rather difficult, however, completely to understand what the Deputy wants or what he complains of. Take these two cases separately. In the first place, four cattle are stolen. A man is seen driving three of these cattle. He is identified by an independent witness as being this man, Domigan. He is brought before the District Justice and he is returned for trial on the evidence of this individual. Bail is refused. It is the District Justice who decides whether bail should or should not be given. It is not the Guards who decide that. If the Deputy is complaining of the conduct of the Guards, I should like to ask what they could have done. They investigate this case. They find that the cattle were driven by a particular man. This man, Domigan, is picked out and identified by another person as being the man who was seen driving these cattle. Are the Guards to prosecute or not? What better evidence could they have than the evidence of identification? The Deputy says that the man who was examined as a witness against him was himself subsequently convicted of stealing. The answer to that is perfectly obvious. Even if the man had been guilty of stealing, he was a competent witness, and it was the duty of the Guards to produce his evidence before the District Justice. Secondly, how the Guards were to know that this man was going subsequently to be convicted of stealing certainly beats me. I cannot see how any sensible person can find fault with the Guards in that matter or say that they did anything except what was perfectly right and proper. They had evidence and they did what was right by bringing that evidence before the District Justice. The District Justice thought that a prima facie case had been made out and the man was sent for trial. He was acquitted at his trial and is entitled to the presumption to which everybody else is entitled, that a man is innocent until found guilty, and he must be taken as innocent of that charge.

Later on what happens? A certain person leaves £5 10s. in currency notes and a cheque for £11 14s. in an unlocked drawer in the kitchen of his residence. This man Domigan comes to the house to borrow a brush. There was a maid in the house and she had no authority to lend the brush without the leave of her mistress. She went out and left this man in the kitchen. He was alone in the house for some minutes. She came back and he got the brush and went away. That night the money was missing. Surely that is a strange coincidence. This young man is unlucky. He is there in the house alone on the day on which the money is stolen. What are the Guards to do? Are they to investigate that? Is it a matter which requires investigation? He is a stranger who comes to the house and is left alone there and the money disappears. Surely the Guards must investigate that? What are they to do? They immediately go to look for the money and see if it is in any place where he would be likely to put it. They go to his employer's house and get the leave of the employer's wife to search the shed to which he has access. Is not that correct? They arrest him. Surely they were perfectly right in arresting him. There is a prima facie case. They have reasonable suspicion that he took the money because he was alone in the house and had access to the place where the money was. They must act on suspicion like that, otherwise no criminal would ever be convicted.

Had not the maid access to the house where the money was? Had not other people access to the house?

Certainly the maid had access to the house. The maid had been in this employment for a considerable time. He was a stranger who happened to come to the house on this particular day and certainly it was a case for investigation. The stranger was alone in the house on a day on which the money disappeared from the house. The other person is a trusted employee of the owner of the money. Suspicion naturally fell on the man. What were the Guards to do? The Guards having their suspicions aroused, and rightly aroused, arrested him and continued their searches. The Deputy wants to know why they did not do the searching first and arrest him afterwards. Surely that is perfectly obvious. Suspicion had fallen on this man and if he were guilty and the Guards were searching that would immediately put him on his notice and wherever he had hidden the money he would immediately change it. That would be putting him entirely on his notice. They did the only thing they could do—they detained him for something like two and a half hours, I think, until they searched the places where they thought the money might be, and, not finding the money in these places, they did not consider that the mere fact of his being in the house would be sufficient evidence by itself to justify their going any further, and in consequence they released him. What else could they do?

The Guards acted in that case as they would have acted in any other case. This man was unlucky, if you like. On one occasion he was mistakenly or wrongly identified as a person who had stolen cattle. On another day he is so unfortunate as to be alone in a house from which money disappears. He is unlucky, but because he is unlucky I do not see why the Deputy should blame the Guards. I cannot see that the Guards did anything except what they had to do in the discharge of their duty in this case, because if the Guards do not act upon suspicion no criminal will ever be convicted. Of course, on occasions suspicion will fall upon innocent persons, but the Guards must, as soon as they have a reasonable suspicion, act upon it.

The Deputy has other complaints. One of his chief complaints is that the newspapers did not report the acquittal. I have no control, and the Guards have no control, over the newspapers. We have nothing to do with them, any more than the Guards have anything to do with the question of whether bail should or should not be granted. I cannot understand what the complaint is about.

What about making a search without a warrant?

A search without a warrant by consent. The young man's mother brought the Guards perfectly willingly to the house. She walked with them there and she herself opened the door.

Having been terrorised into doing so.

She was not terrorised.

I should like to ask the Minister: is it usual for his officers to take the word of any person, no matter what his character may be, and arrest a decent man whose family evidently is respected in the district by everybody except by his officers? The first thing I mentioned was that no person from Finglas into Glasnevin would take this man's word, and the Minister thinks it perfectly obvious that the Guards should act on his word and arrest another man and detain him for three months in prison. There are many matters as to which his officers use their intelligence. They can use their intelligence when it suits them, and the Minister backs them up, no matter what they say or do. In this particular case, every decent and respectable person in Finglas would give a good character to Mr. Domigan and every one of his family. I do not think that can be said of the person on whose evidence the Minister's officers had this man detained for three months.

The District Justice is not my officer.

I am not talking about the District Justice.

It was the District Justice who sent this man for trial.

It was not the District Justice who arrested him.

He sent him for trial.

It was the Minister's officers arrested the man on the most flimsy evidence—the evidence of a man who has appeared in the Courts on more than one occasion. Certainly, if the Minister is satisfied to allow his officers to act in that manner, it is no wonder that his Department is criticised and despised by everybody.

I have very little to add to what I have said, in spite of this outburst. If Deputy Brady's idea is that the police should try everybody first, and when they have tried them and convicted them, then bring them before a District Justice for the first time, all I can say is that his suggestion is rather too absurd to be dealt with by any serious person seriously.

The Dáil adjourned at 10.50 p.m.

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