asked the Minister for Justice if he will state why proceedings instituted against Richard Murphy, of County Kilkenny, for offences under the Electoral Act committed at Owning, Pilltown, County Kilkenny, have been withdrawn.
Ceisteanna—Questions. Oral Answers. - Withdrawal of Personation Prosecution.
The summons which had been issued in this case was withdrawn on the advice of the local State Solicitor who, after a full investigation of the facts, reported to the local Gárda authorities that, in his opinion, the summons could not be sustained.
Would the Minister state whether he is aware that on three occasions on this day a particular man named Murphy applied for a voting paper and that on the third and last occasion he was aided by a servant of the State, a schoolmaster? Is that the reason why the summons has been issued and the proceedings withdrawn?
The facts are that there were two people of the one name in the district. For over twelve months there has been only one person of that name in the district, that is Richard Murphy. He went there and demanded a voting paper. He was refused on the first occasion. He went and asked for a voting paper three times altogether and eventually he got it.
Is the Minister aware that the particular man named on the Register was a Local Government elector, that it was known that he was dead for eight or ten months previously, and that there could be no doubt as to the Richard Murphy on the Register?
The man showed that he was acting in good faith by going there on three different occasions and trying to get the paper. In any case, when the State Solicitor had considered the report of the Guards, he did what he thought was best.
Had the prosecution already been instituted?
A summons had been issued.
Was it not a matter for the courts then?
The State Solicitor could withdraw it.
In view of the unsatisfactory answer of the Minister, I propose to raise this matter on the adjournment to-night.