Dáil Éireann debate -
Tuesday, 28 May 1996

Vol. 466 No. 1

Written Answers. - Extradition Failure.

Willie O'Dea

Question:

183 Mr. O'Dea asked the Minister for Justice if she was consulted prior to Government spokespersons informing the media that the fault for the extradition failure in respect of the Anthony Duncan case lay on the British side; and if her attention was drawn to the fact that such briefings were taking place. [11058/96]

Minister for Justice (Mrs. Owen)

I had no role in any media briefing about this case, other than my public comments in the course of the handover of the Curragh Military Gaol to my Department on April 15, which I outlined in my statement of 23 May.

Willie O'Dea

Question:

184 Mr. O'Dea asked the Minister for Justice her views on the accuracy of the report in The Irish Times on Monday 15 April 1996, in relation to the Anthony Duncan Extradition case, that State counsel told the judge that she had received instructions from the Attorney General that there was a fundamental flaw in the documentation and that it could not proceed. [11059/96]

Minister for Justice (Mrs. Owen)

While the Deputy will appreciate that I am not responsible for the Attorney General's Office, I am informed by that Office that the solicitor from the Chief State Solicitor's Office who was dealing with the case did receive instructions from the Attorney General after she had applied to the Court for the matter to stand, that there was a fundamental flaw in the documentation which had been presented to the Court and that the extradition matter could not proceed. That officers so informed the court and stated that a form of discharge would be appropriate. I am also informed that the solicitor from the Chief State Solicitor's Office made no further comment regarding the actual flaw or who might be responsible.

Willie O'Dea

Question:

185 Mr. O'Dea asked the Minister for Justice when her attention was first drawn to the fact that it was uncertain where responsibility lay for the error in the documentation associated with the Anthony Duncan case; the steps, if any, she took to correct media reports quoting senior Government sources that the fault lay on the British side. [11061/96]

Willie O'Dea

Question:

186 Mr. O'Dea asked the Minister for Justice the point at which the Garda Síochána discovered that the fault in relation to the Anthony Duncan case lay with the Garda themselves; when she was informed of this fact; and if this was the first notice she received of the problem. [11062/96]

John O'Donoghue

Question:

188 Mr. O'Donoghue asked the Minister for Justice when her attention was first drawn to the fact that the problem with the original warrant in the Anthony Duncan case might be on the Irish side; the person who brought this fact to her attention; the steps, if any, she took on foot of this information. [11066/96]

Minister for Justice (Mrs. Owen)

I propose to answer Questions Nos. 185, 186 and 188 together.

It was unclear from the very beginning as to where and how the problem arose in this case and neither I nor any of my officials have ever suggested otherwise. That is precisely why I sought a full report on the matter from the Garda authorities.

The only responsible course for me, as Minister for Justice, was to refrain from comment either way until I was in possession of the facts. I was put in possession of the facts when, on 21 May I received the report of the outcome of the Garda investigation. I am informed by the Garda authorities that their investigation was completed on 20 May.

I have already made it clear in the Dáil that the initial Garda report which they provided to me on 9 May said that the reason the extradition proceedings failed in this instance was because the warrant which was produced in court was not the original warrant but that a review of the steps taken in dealing with this matter had, to date, failed to establish the reason the original warrant was not available to the court.

The question of media reports was dealt with comprehensively by the Taoiseach in reply to Private Notice Questions on 27 April.

John O'Donoghue

Question:

187 Mr. O'Donoghue asked the Minister for Justice when the Attorney General first became aware of the fact that the original warrant was missing in relation to the Anthony Duncan extradition case; and when efforts commenced to find the original warrant. [11064/96]

Minister for Justice (Mrs. Owen)

While the Deputy will appreciate that I am not responsible for the Attorney General's Office, I am informed by that Office that the Attorney General first became aware of the flaw in the warrant at approximately 12.30 p.m. on Saturday 13 April 1996 after the solicitor for the State had asked for the matter to stand.

I am informed by the Garda authorities that efforts to find the original warrant commenced on 13 April.