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Dáil Éireann debate -
Wednesday, 24 Nov 1937

Vol. 69 No. 8

Ceisteanna—Questions. Oral Answers. - Prisoners Sentenced by Military Tribunal.

asked the President whether, in view of the approach of Christmas, he is prepared to release persons now in custody who have been sentenced to imprisonment by the Military Tribunal.

I can only refer the Deputy to my reply to Deputy W. O'Brien's question on the 6th October, in which I stated the considerations which the Government must have in mind when reviewing the cases of prisoners convicted by the Constitution (Special Powers) Tribunal.

Arising out of the President's reply, can he say on what grounds he seeks to justify the continued detention of persons who have been sentenced to terms of imprisonment by a tribunal which he vigorously condemned in other days?

I can only again give the Deputy a list of the offences of which these persons were convicted. One was convicted of murder, twelve others were convicted of crimes of violence such as attempted murder, shooting with intent to do grievous bodily harm, unlawful use of firearms, assault and kidnapping. Four were convicted of the unlawful possession of firearms, and two were sentenced for membership of an unlawful association.

Is the President not aware of the fact that these were offences which, he contended in other days, should have been tried by a civil tribunal and which should not have been tried by a special military tribunal? Further, did he not urge that such a special tribunal should have no place in the ordinary law of a democratic country?

Is the Deputy not also aware that the only chance there is of maintaining trial by jury in this country is that certain classes of cases should not be put to a jury?

Is the position then that the President has been completely converted to the suitability of the Military Tribunal as a proper tribunal to try cases?

That is a separate question.

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