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Dáil Éireann debate -
Thursday, 22 Feb 1934

Vol. 50 No. 13

Ceisteanna—Questions. Oral Answers. - A Tralee Case.

asked the Minister for Justice if he will state with regard to a witness who gave evidence at Tralee about the 9th February last when Gerald Byrne was charged with armed robbery, if he has made any investigation into the allegations made by that witness that he was twice fired upon and otherwise intimidated; what circumstances operated to prevent this case being transferred to the Military Tribunal; and what special precautions are being taken to prevent intimidation of witnesses.

The answer to the first part of the question is in the affirmative. I do not think it desirable to discuss in this House the circumstances which may or may not cause the transfer of any particular case to the Military Tribunal. All possible precautions are taken to prevent intimidation of witnesses, but it is not in the public interest to indicate the nature of such precautions.

Is the Minister aware that this witness swore, first of all, to the identification of the person, Byrne, who was charged? Is he aware, further, that the witness when summoned to appear before the court wrote to say that he had been twice fired at; that no protection was being afforded to him and that he could not attend; that when summoned to appear as a witness he swore that he had been approached and told that if he gave any statement he would have to face a hostile organisation? Has any attempt been made to get from Mr. Buckley, the witness in the case, the names of those who approached him, and has any attempt been made to proceed against those people for trying to pervert the course of justice?

At some time a statement different to that just made by the Deputy may be forthcoming, but at this stage I am not prepared to state what were the circumstances which prevented Mr. Buckley from giving evidence. I may say that all necessary steps are being taken to protect him.

The Minister states that he is not aware that what I have stated represents the facts. Has the Minister made any inquiries? Will he now, having had my statement—and what I have stated is taken from the public Press—make any investigation into the truth of the statement made by the witness Buckley?

I have reports on the matter, but I am not prepared to disclose them at present.

I do not want to push this to the point of preventing justice being done in the case, but has any attempt been made to get from Mr. Buckley the names of those alleged to have approached him in this interfering way?

Every effort has been made.

Including that?

So that I may take it investigations are still proceeding in that part of the case?

And every other element in it.

Was the protection given to Mr. Buckley similar to the protection given to the MacGrorys in Dundalk?

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