Dáil Éireann debate -
Thursday, 5 Oct 2000

Vol. 523 No. 3

Written Answers. - Garda Investigations.

Pat Rabbitte

Question:

66 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the investigation which has been held into the circumstances in which a person (details supplied) who has since died confessed to the murder of two women which it was subsequently established he did not commit and in respect of which charges were later withdrawn; the reason this person's statement was not audio or video taped despite the availability within the Garda station of such a facility; and if he will make a statement on the matter. [20179/00]

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

I am informed by the Garda authorities that on 26 July 1997 the person in question, now deceased, was arrested and detained at the Bridewell Garda station under the provisions of section 4 of the Criminal Justice Act, 1984. I am further informed that his arrest and detention related to a double murder at Grangegorman, Dublin 7, on 6-7 March 1997.

The facts of the case as outlined to me by the gardaí are that soon after his arrest and detention, the person in question made a full admission to investigating officers of his alleged involvement in a double murder. This admission was recorded on audio video tape as provided for under the provisions of the Criminal Justice Act, 1984, (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987.

Later on that same date the person in question made a further detailed admission of his alleged involvement in the murders. This interview was not audio video recorded at the persons own request. I understand that his request for the discontinuance of the electronic recording of the interview was also captured on audio video.

Following consultation between the gardaí and the Office of the Director of Public Prosecutions the person in question was charged with the murder of Mary Callinan and he appeared before a special sitting of the Dublin District Court and was remanded in custody.

I am informed that the manner in which the person in question was interviewed was in compliance with the Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations 1997 which came into operation on 1 March 1997.

Subsequently, as a result of matters emanating from another quarter, the Garda Commissioner appointed an assistant commissioner to carry out an investigation to establish the veracity of the statements of admission.

I understand that a thorough investigation was carried out and a comprehensive file submitted to the Director of Public Prosecutions. The Director, having considered the file, directed that criminal proceedings against the person in question be discontinued. Proceedings were subsequently terminated in the Dublin District Court on 29 April 1998.

It has been brought to my attention that a probative inquiry ordered by the Commissioner was conducted by an assistant commissioner, who forwarded a file to the Director of Public Prosecutions. The investigation established that the regulations as contained in the Treatment of Persons in Custody (in Garda Síochána Stations Regulations), 1987, were complied with in full in respect of the prisoner, the person in question.