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Dáil Éireann debate -
Wednesday, 29 Sep 1999

Vol. 508 No. 1

Written Answers. - Wrongful Prosecutions.

Brian O'Shea

Question:

777 Mr. O'Shea asked the Minister for Justice, Equality and Law Reform the forms of compensation for wrongful prosecution which can be pursued by a person (details supplied) in County Waterford; and if he will make a statement on the matter. [18048/99]

Brian O'Shea

Question:

780 Mr. O'Shea asked the Minister for Justice, Equality and Law Reform if, further to Parliamentary Questions Nos. 96 of 2 June 1999 and 148 of 26 May 1999, the person (details supplied) was treated fairly by the State in prosecuting his case; and if he will make a statement on the matter. [18088/99]

I propose to take Questions Nos. 777 and 780 together.

As the Deputy is aware both the Director of Public Prosecutions and the courts are independent in the exercise of their respective functions and, as such, it would not be appropriate for me to comment on the issue he has raised. Furthermore, I do not consider it appropriate for me to comment on any Garda investigation into a criminal complaint.

Should the individual referred to in the Deputy's question wish to make a complaint against the Garda, he can have recourse to the Garda Síochána complaints board which has been established as an independent statutory body to investigate complaints by members of the public against the Garda. A complaint can be made by writing to them or calling to their offices. A complaint can also be made at any Garda station and it will be forwarded to the board for attention unless the person indicates in writing that he or she wishes it to be dealt with by the Garda Síochána itself. The Complaints Act also provides that a complaint can be made to a member of the force above the rank of chief superintendent at a place other than a Garda station by, for example, writing to the commissioner.

In relation to the issue of compensation I can only suggest that the individual concerned seeks independent legal advice on the matter.

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