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Dáil Éireann debate -
Thursday, 8 Apr 1993

Vol. 429 No. 5

Adjournment Debate. - Allegations Against Athlone (Westmeath) Garda.

I wish to thank the Ceann Comhairle for the opportunity to raise this important matter on the Adjournment.

There is much public disquiet about alleged harassment, threats and attempts to extort money from members of the public in Athlone, County Westmeath by a serving member of the Garda Síochána. Since the Director of Public Prosecutions has decided not to prosecute this garda there has been tremendous public disquiet in the midlands about this case and how it has developed. The incident occurred when the manager of a large retail outlet in Athlone received a telephone call demanding money and giving details of how this money should be handed over.

There were threats in regard to the victim's family home being burned out and a fake bomb was subsequently found at his house. The man's wife was also telephoned and threatened. A bullet was left at the victim's car with a written message attached. A garda was subsequently identified as the perpetrator of these threats and demands. He was questioned and, I believe, admitted to these crimes. The file was sent to the Director of Public Prosecutions and after a long delay it was, incredibly, decided that no prosecution would be made.

There is much public disquiet and anger about this decision. It is not only important that justice be done but that it should also be seen to be done. Why was this case not referred to a court of law where the matter could be conducted in an open and public manner and the public could see exactly what was involved?

Why is this garda still allowed to walk the streets of Athlone after inflicting, terror and distress on a family over a protracted period while his victims still live in fear and terror? The garda in question is at present suspended from the Garda Síochána on full pay. Why are serving members of the Garda Síochána now having to suffer the embarrassment and humiliation of being taunted by wrongdoers who say, "if I was a garda I could get away with this and much worse".

What is the Minister doing to allay the anxiety of the frightened family who continue to live with those fears? Can this family seek redress through the Garda Complaints Board? I call on the Minister to give more transparency to the process of justice in order to allay the fears and concerns of the law abiding public who too often are the people who suffer as a result of wrongdoers.

On behalf of the Minister for Justice, I appreciate the Deputy's concern in raising this matter on the Adjournment. In May last year, a member of the Garda Síochána stationed in Athlone was involved in two incidents in the Athlone area. Those two incidents were fully investigated by the Garda authorities in accordance with normal procedures and a file was prepared for submission to the Director of Public Prosecutions on the question of what charges, if any, should be preferred against the garda in question. Having considered the matter, the Director of Public Prosecutions decided in January of this year that there be no prosecution of the member in question.

The Minister need hardly remind the House of the independence of the Director of Public Prosecutions in the discharge of his statutory functions and, as such, there is nothing further for her to say about this aspect of the matter. The Garda authorities are currently conducting their own investigation into this matter and the member of the Garda Síochána in question is suspended from duty. While this investigation is in progress, the House will appreciate that it would be entirely inappropriate for the Minister to make any further comment at this time. The House may be assured, however, that all aspects of the matter are being inquired into by the Garda authorities and that this inquiry will be completed with no avoidable delay.

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