Dáil Éireann debate -
Tuesday, 22 Jun 1999

Vol. 506 No. 5

Written Answers. - Murder Charge.

Enda Kenny

Question:

104 Mr. Kenny asked the Minister for Foreign Affairs if his attention has been drawn to an appeal against conviction on a murder charge in Great Britain of an Irish citizen (details supplied); if he will arrange a visit from an official from the Irish embassy to ascertain the position of this appeal; if he will have an examination made on the grounds of appeal; if he will discuss the case with the Department of Justice, Equality and Law Reform to establish whether there are any grounds for the person's extradition to Ireland pending the outcome of the appeal case to the Crown; and if he will make a statement on the matter. [15941/99]

Minister for Foreign Affairs (Mr. Andrews)

This person was found guilty of murder, grievous bodily harm and two counts of actual bodily harm but not guilty of one count of actual bodily harm. The Embassy in London is informed by his solicitor that application for leave to appeal has been made to the Court of Appeal and that a decision on the application is expected in a few weeks. The ground of an appeal is that, on the evidence of the principal witness for the prosecution, it was not open to the jury to return mixed verdicts.

Under our Transfer of Sentenced Persons Act, 1995, one of the conditions which has to be met before the Minister for Justice, Equality and Law Reform may consent to a request for a transfer of a prisoner to Ireland is that the order under which the sentence concerned was imposed on the sentenced person is final. It will only be when the question of appeal will have been resolved, therefore, that the prisoner in this case will be able to apply for transfer.

An officer of the embassy will visit this person shortly and will give any appropriate assistance. However, the substance of the appeal is a matter for his legal representatives.