asked the Taoiseach why no prosecution was brought in connection with a road accident on the 1st June, 1973, at Curraghbeg, Skibbereen, County Cork, resulting in the death of a person (name supplied).
Ceisteanna—Questions. Oral Answers. - County Cork Road Accident.
2.
The Attorney General, having given full consideration to this case, directed that a criminal charge in respect of the manner of driving of the motor vehicle involved was not warranted.
Is the Taoiseach aware that there were serious lighting defects in the car in question and also serious defects in respect of at least one tyre and, if so, would he say why a prosecution was not initiated under the Road Traffic Act?
As the Deputy is probably aware, it is not the practice to give reasons why a prosecution is taken or why a decision is taken not to prosecute and, in the circumstances, I cannot add anything further to the reply.
In view of the seriousness of the matter and in view of the fact that a man lost his life, would the Taoiseach not think it worthwhile saying why it was decided that proceedings should not be initiated in this particular case?
I fully appreciate what the Deputy says and the circumstances he mentions in connection with the case but he will, I think, on reflection, appreciate that it has never been the practice to give reasons why a prosecution is taken or, on the other hand, why a prosecution is not taken, and to depart from that practice could interfere with the principles of natural justice.
We can have our suspicions so.
Would the Taoiseach not agree that invariably when life is lost as a result of an accident there is a prosecution even though the blame may be assessed on a degree of responsibility?
I do not know whether the Deputy is correct in saying "invariably". I suppose it generally happens, but the Attorney General considered all the facts of this case and decided that a prosecution did not lie.
Could the Taoiseach say if he looked at this file himself and is satisfied with the decision taken?
I have looked at the file, but this is not a matter for me to express an opinion. It is the Attorney General who is the appropriate officer in this regard and is not a question of what my opinion is.
Would the Taoiseach say if this was the Attorney General's decision and not a recommendation from or the decision of the local Garda?
This was the Attorney General's decision. It is not a matter on which I can comment as to which way the local Garda have a recommendation.