It gives me no great pleasure to raise this issue tonight in Dáil Éireann, but the Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, must make a public statement on the serious problem of street violence in urban areas, in this particular case, the most recent serious assaults in Cork city, and on the view among the public that the Garda presence at night in Cork city is insufficient to deal with the problem. In response to a parliamentary question yesterday the Minister refused to disclose the number of gardaí on duty in Cork city centre on the weekend of 15-18 February, a weekend which saw a most serious assault resulting in a young man being almost beaten to death in Cork city centre and a situation where the Garda admits that the ambulance arrived before gardaí at the scene of this serious crime.
I know that there is a large number of factors contributing to the problem of street violence in Cork city, that the presence of gardaí alone will not resolve the problem and that there is a responsibility on night club owners, pub owners as well as parents to work towards reducing this vicious and dangerous situation. I am concerned that, as a result of a number of serious incidents, persons have been arrested, interviewed and had their files sent to the Director of Public Prosecutions, but the suspects are allowed to go free and, in some cases, reoffend while the DPP is assessing the files. I have failed to get from the Minister information on the number of files with the DPP and also the average waiting period between a file being sent to the DPP and a decision being reached on it. I am told that it is a matter for the DPP and the courts. I express my deep concern that this procedure is simply not working and that there must be a speedier and more effective way of dealing with those suspected of having committed serious assaults.
The effects and fall-out from vicious assaults are catastrophic for so many families. For example, an incident occurred on 26 March 2001 where two parents were woken from their sleep by two gardaí and told that they would have to travel to the South Infirmary Hospital, Cork because their son, Adrian Moynihan, had been involved in an accident. Unfortunately, before they left their home to go to the hospital they received further information that their son had died. The following day two detectives arrived at the family home and told them that the Garda had two tapes of video evidence from the club involved with the names of 200 people who were in the club at the time. They said they would return as soon as they had more information. On Saturday, 31 March, the family read in the Irish Examiner that three men had been arrested in connection with the incident.
Weeks went by and the family inquired as to how the case was progressing. They were told by a senior garda that the Garda was still taking statements, that the best thing for them to do was to leave it to the Garda and not to talk about the case or refer to the three people who had been arrested as it might jeopardise the case. They agreed to do so. Months went by and the family were telephoned to say the investigation was complete and that a file had been sent to the DPP with 70 statements and two tapes of video evidence. They then had to wait until January 2002, when a garda arrived at the family home to tell the mother of the deceased that the decision of the DPP was that there would be no prosecution on the grounds that there was insufficient evidence.
This case is an example of what is happening and raises major questions. First, why did it take so long to question individuals? Second, why was there no prosecution if, according to the Garda, the evidence was very strong? Third, why did it go from being a murder investigation to one where there was no prosecution? Fourth, why are the family being refused access to the files and the videotapes? There is documentary evidence to show that both the Garda and the DPP have refused the family access to the files of evidence and the video evidence. Fifth, why is the Garda refusing to give to the family the names of the three men arrested? Sixth, why have the family received no explanation in writing from the DPP or the Garda as to the reason there is not going to be a prosecution?
I have brought forward this case history as an example of what is happening in our cities. A man is killed, the offence remains unsolved and those involved are not prosecuted. Why is a serious case such as this being shrouded in mystery and why are the family being kept in the dark?
