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Dáil Éireann debate -
Thursday, 30 Oct 1941

Vol. 85 No. 2

Ceisteanna—Questions. Oral Answers. - Tipperary Incident.

asked the Minister for Justice whether he has received any information concerning an altercation which is alleged to have taken place in or near Dundrum, County Tipperary, about July 29th, between the parish priest, Very Reverend Father Mackey, Knockavilla, and a man named Mullane, relative to a dance permit, in which Mr. Mullane is alleged to have drawn a gun; and, if so, what action he has taken or intends to take in the matter.

asked the Minister for Justice if he is aware that it is alleged that an assault was made on Reverend E. Mackey, P.P., Knockavilla, County Tipperary, on July 29th last by Mr. John Mullane, Bishopswood, Dundrum, County Tipperary, while armed with a shotgun, and if a prosecution is intended in this case.

I propose to take questions Nos. 84 and 85 together.

I have received reports from the Gárda Síochána relating to the incident referred to. The incident was not witnessed by any member of the Gárda, but I understand that Father Mackey was not physically assaulted. Mr. Mullane was carrying a shotgun at the time, but it would be incorrect to say that he "drew a gun". Although Father Mackey made a complaint to the Gárdaí immediately after the incident, he informed them later that he did not intend to prosecute Mr. Mullane himself; that he did not want the State to prosecute, and that if a prosecution were instituted he would not give evidence against Mr. Mullane. In the circumstances, it is not open to the Gárdaí to take any action in the matter.

I have only stated what has been made known to me. I understand the case is quite different from what the Minister has stated, that Father Mackey could not prosecute himself, and that he thought the Gardaí should prosecute.

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