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Dáil Éireann debate -
Wednesday, 2 Feb 2000

Vol. 513 No. 4

Written Answers. - Garda Investigations.

Jim Higgins

Question:

65 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform if he has received a report from the Garda on the method of questioning employed by them and their treatment of a person (details supplied) while in custody and against whom charges of importing guns were withdrawn at the Special Criminal Court on 11 January 2000; and if he will make a statement on the matter. [2563/00]

I refer the Deputy to my reply to Priority Question No. 53 today where I said that I am advised that the person in question was arrested under section 30 of the Offences against the State Act, 1939 on 27 July 1999 and was subsequently charged with offences under the Firearms Act, 1964. She first appeared before the Special Criminal Court on 30 July 1999. On 11 January 2000 the Special Criminal Court was informed that the Director of Public Prosecutions had decided not to proceed with the prosecution.

In September 1999 the DPP received an unsigned letter alleging that irregularities had occurred during the detention of the person concerned in Garda custody. The director, in turn, referred the letter to the Garda Commissioner who, notwithstanding the fact that no complaint of any kind had been received from either the person in question or her solicitor, appointed a senior Garda officer to investigate the allegations. That investigation is continuing and I am informed by the Garda authorities that it is anticipated that the investigation will be completed in the near future. Clearly, it would be inappropriate for me to make any further comment on this aspect of the matter pending the completion of the investigation.

It is important to make the point again that the decision not to proceed with charges in this case was not linked in any way to the contents of the anonymous letter. That decision was made by the Director of Public Prosecutions on the basis of the Garda investigation into the importation of firearms.

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