Dáil Éireann debate -
Thursday, 21 Feb 2002

Vol. 549 No. 2

Written Answers. - Garda Investigations.

Proinsias De Rossa

Question:

11 Proinsias De Rossa asked the Minister for Justice, Equality and Law Reform if he has received a request from the family of a person (details supplied) for an inquiry into the circumstances in which this person was charged with the murder of two women in Grangegorman in 1997; if so, the response he has issued to the family; and if he will make a statement on the matter. [6063/02]

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

I confirm that I received a letter dated 19 January 2001 from the father of the person in question. A reply issued from my Department on 28 February 2001. The letter I received did not specifically refer to an inquiry into the matter but I am aware of requests for an inquiry. My Department's response to the letter in question is in line with the information I have previously given to the House on this matter. For example, my response to Question No. 120 of 3 October 2001.

My Department's response to that letter referred to the fact that I had made inquiries into the circumstances of the case. It also stated that I had been informed by the Garda authorities that on 26 July 1997 the person in question was arrested and detained at the Bridewell Garda station under the provisions of section 4 of the Criminal Justice Act, 1984. This arrest and detention related to a double murder at Grangegorman, Dublin 7 on 6-7 March 1997.

My Department's response also pointed out the following facts of the case, as outlined to me by the Garda. After the person concerned was arrested and detained he made a full admission to investigating officers of his alleged involvement in a double murder. This admission was recorded on audio videotape as provided for under the Provisions of the Criminal Justice Act, 1984, (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987.

Later that day the person made a further detailed admission of his alleged involvement in the murders. This interview was not audio/video recorded at that person's request. His request for the discontinuance of the electronic recording of the interview was also captured on audio video.

Following consultation between the Garda and the Office of the Director of Public Prosecutions, the person was charged with one of the murders at Grangegorman. He appeared before a special sitting of the Dublin District Court and was remanded in custody.

My Department's response also pointed out that I had been informed by the Garda authorities that the manner in which this person 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.

As a result of matters emanating from another quarter, the Garda Commissioner appointed an assistant commissioner to carry out an investigation in order to establish the veracity of the statements of admission. A thorough investigation was carried out and a comprehensive file was submitted to the Director of Public Prosecutions. The director, having considered the file, directed that criminal proceedings against this person be discontinued. Proceedings were subsequently terminated in the Dublin District Court on 29 April 1998.

My Department's response of 28 February 2001 also pointed out that I had been informed by the Garda that a file concerning another person mentioned in the letter, received by me from the father of the person in question, was currently with the DPP. It was also pointed out that I have no function in relation to the prosecution of offences and that this function is the responsibility of the DPP. The DPP is independent in the exercise of his functions and it would not be appropriate for me to intervene or comment further on the matter. Subsequently, the DPP decided that no prosecution should take place.

I am aware of the suggestions made that this case should be referred to a tribunal of inquiry which is proposed in relation to certain matters involving members of the Garda in Donegal. While its terms of reference have not been finalised, I would not be disposed to extending its remit to deal with other cases. I do not believe that I have evidence which would warrant the establishment of a public inquiry in this case.

Michael Bell

Question:

12 Mr. Bell asked the Minister for Justice, Equality and Law Reform the investigation which has been held into the death of a garda in an accidental shooting in Abbeyleix, County Laois on 7 December 2001; if new procedures are planned governing the use of firearms in these situations; and if he will make a statement on the matter. [6058/02]

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

A comprehensive investigation, under the direction of an assistant commissioner, into all of the circumstances surrounding the incident referred to by the Deputy is currently under way. When completed, I understand from the Garda authorities, a file will be submitted to the DPP for direction. This is standard practice in circumstances involving fatalities.

Any review of Garda procedures arising from the incident must await the outcome of that investigation. A file will also be prepared for the local coroner to facilitate an inquest into the death. Four persons have been charged. They are currently before the courts in connection with the attempted robbery.