Dáil Éireann debate -
Tuesday, 27 Apr 1999

Vol. 503 No. 6

Written Answers. - Garda Investigations.

Conor Lenihan

Question:

234 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform if he will have examinations made into the reason a witness in a criminal trial following the fatal stabbing of a person (details supplied) in Dublin 24 on 15 April 1992 was called in evidence in view of the fact there is no written statement from the witness. [10715/99]

Conor Lenihan

Question:

235 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform if an investigation will be made into the absence of a legal deposition from the Coroner's Court with regard to the criminal trial following the fatal stabbing of a person (details supplied) in Dublin 24 on 15 April 1992. [10716/99]

Conor Lenihan

Question:

236 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform the reason the State pathologist did not visit the scene of the fatal stabbing of a person (details supplied) in Dublin 24 on 15 April 1992; and if he will make a statement on the matter. [10717/99]

Conor Lenihan

Question:

237 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform if, further to Parliamentary Question No. 327 of 8 December 1998, an investigation will be made into the case involving the fatal stabbing of a person (details supplied) in Dublin 24 on 15 April 1992 in view of the fact that no further information has been forthcoming from the Dublin Coroner's Court. [10718/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 234 to 237, inclusive, together.

I have had inquiries made in this matter, and I am informed that this case was the subject of a full and proper Garda investigation which resulted in a person being charged on the directions of the Director of Public Prosecutions and subsequently dealt with by the courts.

The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. I have no function in relation to verdicts of the courts, nor is it open to me to intervene in or comment in any way on the conduct of court proceedings which are entirely a matter for the presiding judge. I have been informed that the defendant in this case was acquitted on all charges by the jury who returned a verdict of not guilty.

The Constitution, with certain exceptions, provides for trial by jury in any trial involving criminal charges. The role of the jury is to decide on matters of fact as disclosed by the evidence presented in court and to return a verdict. Where, as in this case, the verdict is not guilty there is no avenue for further action open to the State. This is a long-standing judicial principle which is common to very many other countries with similar judicial systems to ours and any departure from it would represent an unprecedented change in public policy in this area.

As the Deputy may be aware, I undertook in my reply to Parliamentary Question No. 327 on 8 December 1998, to have inquiries made in relation to the deposition sought by the parents of the person named in the question. As a result, the Coroner for the City of Dublin has recently confirmed that the deposition in question was not used at the inquest held on the 17 June 1993. As the deposition was not placed on the record of the inquest, the City Coroner cannot release it.

I also understand that the Director of Public Prosecutions would not release any such statement, as it is assumed that a witness would make a statement to the Garda only for the purposes of investigation and trial, and for no other purpose. The Deputy may be interested to know, however, that persons who make statements are themselves entitled to receive a copy of their statement.

The State Pathologist normally visits scenes of death in suspicious circumstances prior to the removal of the body. In this case, I am informed that the victim was removed from the scene to St. James's Hospital where he was medically treated and subsequently certified dead. The body was then removed to the city morgue where the State Pathologist carried out the postmortem examination.

I have been informed by the Garda authorities that local gardaí have met the parents of the person named in the question on a number of occasions before, during and after the trial to explain the various legal procedures involved in the case and to assist them generally in any way possible to come to terms with their son's death. Officials of this Department have also met the parents to explain the legal issues involved.