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Dáil Éireann debate -
Thursday, 28 Feb 2002

Vol. 550 No. 1

Adjournment Debate. - Garda Investigations.

I raised this case on the Adjournment on 30 May last. I again draw the Minister's attention to it to support the appeal of the family of the late Dean Lyons to have the terms of reference of the tribunal of inquiry into alleged Garda wrongdoing in County Donegal extended to include this matter. The Minister has already stated he does not wish to extend the tribunal's remit to include any other matter and has also said he does not have any evidence to warrant the establishment of a public inquiry into the Dean Lyons case.

Despite this ongoing negative response, I put the following points to the Minister. Dean Lyons was charged with the horrific double murder of Sylvia Shields and Mary Callinan in March 1997. He made two statements of admission to the Garda while being interrogated, one of which was videotaped. We have been told repeatedly in the media, particularly by the respected security editor of The Irish Times, Jim Cusak, that information was contained in Dean Lyons's statement, made at the Bridewell Garda station, that could only have been known to the murderer and investigating gardaí. Mr. Cusak maintains that the report of an internal Garda inquiry confirms this. The question is, how did Dean Lyons, who had no involvement in the murders, include in his statement of admission details of which he could have no knowledge? The Minister will be aware that there have been other recent, high profile cases before the courts in which gardaí have been found to have interfered with statements made by accused persons. There have also been cases where persons have been convicted in the main on the basis of statements of admission.

In this context, I put it to the Minister that he must accept that he is has the responsibility to establish if either statement of admission attributed to the late Dean Lyons was in any way interfered with by the investigating gardaí. That is something he has, to date, refused steadfastly to do. If there were specific details of the brutal murders of two defenceless women in the Dean Lyons statement – details of which he can have had no knowledge – the gardaí who recorded it must be called to account. If this was an isolated case, it would be bad enough, but in the context of recent cases, the details of which have been widely publicised, I must call again on the Minister to have the facts brought into the open in order that the truth will be known. It is not sufficient or acceptable for him to hide behind the findings of the Garda Commissioner's own internal investigation, as he continues to do, even in reply to a parliamentary question of mine today. I ask him to appoint a member of the Judiciary to examine the statement of admission made by Dean Lyons and all other relevant documentation, including the reports of the internal Garda inquiries. All this could be done expeditiously at minimum financial cost. It is in the interests of public confidence in the Garda that it be done.

There is no doubt that if Dean Lyons had been a person of influence and wealth, action would have been taken long ago to establish why he was charged with one of the most appalling murders in the history of the State. There can be little doubt that Dean Lyons's case has been swept under the official carpet because he was a homeless heroin addict, living rough in the centre of Dublin. The questions raised must be answered and changes must be introduced in Garda interrogation procedures, but also into the manner in which Garda malpractice is investigated, to prevent such a miscarriage of justice happening again.

Ba mhaith liom i dtosach leithscéal a ghabháil ar son an Aire Dlí, Cirt agus Comhionannais—

Seo an dara h-uair dó.

—nach bhfuil in ann a bheith anseo tráthnóna mar go bhfuil sé taobh amuigh den tír ar ghnótha oifigiúla. Tá mé cinnte, sa chomhthéacs sin, nach mbeadh an Teachta ag súil go mbeadh an tAire anseo anocht.

Bhí mé ag súil leis an uair dheireannach agus bhí sé as an tír an uair sin freisin.

Gach seans go raibh.

An freagra céanna a bheidh ann an t-am seo.

Má tá an freagra céanna le bheith ann cén fáth gur chuir an Teachta síos an cheist?

Chuir mé síos an cheist chun freagra a fháil ón Aire.

Tá's agam agus gheobhaidh an Teachta an freagra arís anois. The Minister has dealt with matters relating to this case in the House on a number of occasions, most recently in his reply to the Deputy's parliamentary Question No. 164 today and his more detailed reply to parliamentary Question No. 11 on 21 February 2002.

The relevant facts are as follows. In July 1997, Mr. Lyons made a full admission to investigating Garda officers of his alleged guilt in a double murder at Grangegorman on 10 March 1997 and this confession was recorded on audio-video tape. Later that same day he made a further detailed admission of his alleged involvement in the murders. This interview was not audio-visually recorded at Mr. Lyons's request.

Following consultation between the Garda and the Office of the Director of Public Prosecutions, the person in question was charged with one of the murders at Grangegorman. Subsequently, another person first made and then retracted a confession in relation to the same murders. As a result, the Garda Commissioner appointed an Assistant Garda Commissioner to carry out an investigation into the matter.

The Minister was informed by the Garda authorities that this investigation indicated that Mr. Lyons did not commit the murders in question. This investigation also established that the manner in which Mr. Lyons had been interviewed in relation to the case was in compliance with the Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997, which came into operation on 1 March 1997.

As the House will be aware, the Director of Public Prosecution decided that criminal proceedings against Mr. Lyons should be discon tinued. Having considered the file submitted to him by the Garda in relation to the second individual who confessed to the murders, the DPP decided that no prosecution should take place. As the House will be aware, the DPP is independent in the exercise of his functions and it would not be appropriate to comment on his decisions.

It is understood that the family of Mr. Lyons, through Deputy Gregory, suggests that this case should be referred to the tribunal of inquiry which will be established to look into and determine the truth of certain allegations made in relation to Garda activities in the Donegal division. I do not need to rehearse in this House the background to the establishment of the proposed tribunal, but it relates to a specific set of circumstances. While the terms of reference of the tribunal have not yet been finalised, the Minister is not disposed towards extending its remit to deal with the case of the late Mr. Lyons or any other matter which has no bearing or relevance to what happened in Donegal. The House will be aware that the terms of reference of this tribunal will be debated in the House in the near future. In addition, the Minister believes that he does not have any evidence available to him which would warrant the holding of an independent inquiry into this case.

The Dáil adjourned at 5.25 p.m. until 10.30 a.m. on Thursday, 7 March 2002.

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