Dáil Éireann debate -
Tuesday, 29 May 2001

Vol. 537 No. 2

Written Answers. - Garda Investigations.

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

I propose to take Questions Nos. 354 to 356, inclusive, together.

I am informed by the Garda authorities that there is no precedent for the disclosure of a Garda report in the manner suggested. However, the assistant commissioner who carried out the investigation and complied the report is willing to meet the family members of the victims to discuss the contents of his report with them. Arrangements for such a meeting may be made through the Garda Commissioner's office.

With regard to the person referred to in the Deputy's second question, 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 Garda Síochána are that, soon after his arrest and detention, the person in question made a full admission to investigating officers of his alleged involvement in the 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-visually recorded, at the person's request. I understand that his request for the discontinuance of the electronic recording of the interview was also captured on tape. 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.

Following consultation between the Garda Síochána and the Office of the Director of Public Prosecutions, the person in question was charged with the murder of Ms Mary Callinan and appeared before a special sitting of the Dublin District Court and was remanded in custody. Subsequently, as a result of matters emanating from another quarter, the Garda Commissioner appointed an assistant commissioner to conduct an investigation-probative inquiry in order to establish the veracity of the statements of admission.

I understand that a thorough investigation was carried out and that a comprehensive file was 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 terminated in the Dublin District Court on 29 April 1998 and the person was subsequently released from custody.

I am informed by the Garda authorities that on 16 August 1997 another person was arrested in Galway in connection with a serious crime in County Roscommon. While in custody in Mill Street Garda station, Galway, he made a number of inculpatory statements in relation to his alleged involvement in the murder of the two women to which the Deputy refers, though I understand that he later retracted his statements of admission. The Garda Commissioner then directed that an investigation into this man's alleged involvement in the murders be carried out by an assistant commissioner.

I am assured by the Garda authorities that the investigation which followed was a thorough one and that a complete file was submitted to the Director of Public Prosecutions for his consideration. The director decided that no prosecution should take place. I should point out that the director is independent in the discharge of his functions and that I have no role in the prosecution of offences. As the Deputy will appreciate, the director is precluded from giving reasons for his decisions in any case other than to the investigating members of An Garda Síochána, and I cannot intervene in or comment on his decisions.