Vol. 546 No. 5
40 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the position regarding each of the investigations being carried out into the death of a person (details supplied) in County Donegal and into allegations of improper conduct on the part of the Garda in the course of the investigation and other related matters; and if he will make a statement on the matter. [32076/01]
The investigation into the death of Mr. Richard Barron is continuing. A considerable number of allegations have been made in this matter and all of the allegations have been the subject of extensive investigation by the Garda authorities. As the Deputy will be aware, Assistant Commissioner Carty's investigation has been completed and a file forwarded to the Director of Public Prosecutions. The results of two other investigations – apart from inquiries commenced under the Garda Síochána (Discipline) Regulations, 1989 – are awaited.
Last year, I was approached by the two Opposition spokesmen on justice who gave me certain information which I conveyed to the Commissioner. As a result, Assistant Commissioner Murphy was instructed to carry out an investigation, which is proceeding. I am informed by the Garda authorities that extensive inquiries have been conducted which have failed to establish evidence to support the allegations. The investigation is currently awaiting legal advice from the DPP on one avenue of inquiry.
The Commissioner has also appointed a chief superintendent to investigate a matter raised by a member of the Garda Síochána in Donegal concerning the original investigation into the death of Mr. Barron. The member has since initiated legal proceedings.
Investigations have also been initiated under the Garda Síochána (Discipline) Regulations, 1989. On 9 June 2000 a superintendent was appointed to investigate the alleged neglect of duty and improper practices which arose during the investigation into the death of Richard Barron. The two members under investigation are on long-term sick leave and have, on legal advice, declined to co-operate with the investigating officer.
On 29 June 2001 a chief superintendent was appointed to investigate alleged breaches of discipline against four members. While the investigation is at an advanced stage, certain difficulties have arisen concerning the release of exhibits which are required in relation to criminal prosecutions. In addition, one witness is unavailable due to medical reasons. Notwithstanding this, the investigating officer hopes to be in a position to report on the allegations against two of the members in the near future. The report on the other two members may be delayed depending on the progress of certain criminal matters and the release of necessary evidence.
