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Dáil Éireann debate -
Tuesday, 22 Feb 1994

Vol. 439 No. 2

Written Answers. - Investigations of Fraud Cases.

Pat Rabbitte

Question:

58 Mr. Rabbitte asked the Minister for Justice the steps, if any, she intends to take to speed up the investigation of cases of alleged fraud in view of the recent decision of the High Court to prevent the trial of a person (details supplied) from going ahead arising from the affairs of the CIE Tontine Society because of the delay in bringing charges; in regard to this case, when allegations regarding the CIE Tontine Society first came to the attention of the Garda; when the Garda investigation began; when the Garda investigation was completed; when the person concerned was arrested; when he was first charged; and if she will make a statement on the matter.

I am informed by the Garda authorities that all cases of alleged fraud are fully and promptly investigated.

With regard to the affairs of the Transport Employees Tontine and Benefit Society, I am also informed that on 3 December 1984 the Fraud Section of An Garda Síochána received its first complaint from a depositor with the Society. Between 3 December 1984 and 18 February 1985 forty one (41) other depositors made similar complaints. The complainants were invited to make written statements and thirty three (33) have done so.

On 31 December 1984 the Registrar of Friendly Societies appointed two inspectors to examine and report on the affairs of the Society, including an in-depth examination of the books and records of the Society. The Garda, in consultation with the Registrar of Friendly Societies, decided to await the results of this examination. The inspectors produced their first interim report on 25 January 1985, their second interim report on 5 October 1988 and their final report on 31 January 1990. The second interim report of the Inspectors was forwarded by the Registrar of Friendly Societies to the Director of Public Prosecutions who in turn referred it to the Garda Commissioner. The Garda investigation proper commenced in January 1989 and was completed in July 1991 when a comprehensive file was forwarded to the Director of Public Prosecutions.
The person referred to in the Deputy's question was arrested on 8 March 1990 and after being detained under the provisions of Section 4, Criminal Justice Act, 1984 was released without charge.
Charges, as directed by the Director of Public Prosecutions and drafted by Senior Counsel, were preferred on 10 December 1992 when the person concerned was again arrested and brought before the Courts.
An application was lodged in the High Court seeking an Order prohibiting the Circuit Court from proceeding further with the hearing of the charges against the defendant. The application was based upon the contention that an excessive delay on the part of the prosecution in bringing these charges to a hearing resulted, in the applicant being prejudiced in the preparation and presentation of his defence and denied his constitutional right to fair and speedy trial. The High Court judgement which was delivered on 21 January 1994 found in favour of the applicant.
On 15 February 1994 the Director of Public Prosecutions directed the Chief State Solicitor to appeal the decision of the High Court to the Supreme Court. The hearing of this appeal is awaited
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