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Dáil Éireann debate -
Thursday, 2 Mar 1944

Vol. 92 No. 16

Ceisteanna—Questions. Oral Answers. - Death of Soldier.

asked the Minister for Defence if he is aware that Private Michael John Scully, aged 17 years, died on the 7th April, 1942, as a result of shock and hæmorrhage following a gunshot wound to the head, while he was a member of the guard on the Magazine Fort, Phoenix Park, and that a court of inquiry was held to investigate the circumstances of the death; and, if so, if he will indicate why the findings of the court were withheld from the parents, who had requested this information; and if he is prepared to grant compensation to the parents for the loss of their son.

I am aware of the incident referred to by the Deputy and of the fact that a court of inquiry was held to investigate the circumstances of the death of Private Scully. The findings of courts of inquiry are confidential and, accordingly, the request made on behalf of the soldier's parents had to be refused. An award of compensation cannot be made to Private Scully's parents as the wound which caused his death appears to have been due to serious negligence on his part.

Would the Minister agree that it is contrary to all the tenets of justice to exclude the legal representative of a bereaved family from a court of inquiry set up to inquire into the cause of death and. further, would he undertake, having regard to all the circumstances of this particular case, to have the case reexamined with a view to some measure of consideration being extended to the bereaved parents?

This, of course, was not a public inquiry and therefore the people referred to could not have been invited to attend. I cannot see that any useful purpose would now be served by having any additional inquiry.

Will the Minister say whether or not it was possible to hold a public inquiry into the accident at the time?

There was an inquest held. The inquiry to which Deputy O'Sullivan refers was merely an inquiry held in respect to the military aspects of the matter.

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