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Dáil Éireann debate -
Wednesday, 1 Oct 2003

Vol. 571 No. 2

Written Answers. - Foreign Conflicts.

Jan O'Sullivan

Question:

162 Ms O'Sullivan asked the Minister for Foreign Affairs if his Department has concluded its consideration of the report received from the Ugandan authorities regarding the circumstances of the killing of a person (details supplied) in 2002; his views on a call from persons (details supplied) and members of their family for an independent inquiry into the killing; and if he will make a statement on the matter. [21086/03]

Fr. O'Toole was tragically killed with two companions in Uganda in March 2002 following an incident at an unofficial military road block. Two members of the Ugandan Army were quickly convicted of his murder by field court martial and executed. At that time, the Government presented a démarche to the Ugandan authorities expressing concern both about the circumstances of the killings and the nature of the judicial process that followed.

In response to our representations, the Ugandan Government established a five person board of inquiry comprising senior members of the Ugandan Army to investigate the circumstances of the killing and the judicial process. The board heard testimony from all witnesses and others relevant to the inquiry, including the chargé d'affaires of our embassy in Kampala.

A key concern on the part of the Government has been the suspicion of complicity in the murders by the Ugandan Army, arising from an incident two weeks prior to the killings in which Fr. O'Toole had been assaulted by a soldier. Our representative in Uganda made clear in his testimony to the board that the suspicion of complicity arising from this incident had to be addressed. He also expressed concern at the all-military composition of the board.

The board of inquiry reported its findings in May and we received a copy of the report which we passed on to the O'Toole family and to the Mill Hill Fathers. The board stated that it did not "find any evidence indicating complicity of the army in the murder of Fr. O'Toole", and that the murder resulted from a criminal act by two soldiers acting on their own. It concluded, in other words, that the murders were the result of a robbery attempt which went horribly wrong.

My Department has since examined the report in detail, while taking into consideration that our embassy's own inquiries and contacts have not brought to light any firm evidence of a conspiracy or cover up and that the period since the murders has not seen any new evidence emerge.

The Mill Hill Missionaries in Uganda issued a statement on 28 May expressing their basic acceptance of the findings of the board of inquiry while making some critical observations on both the procedure and content of the inquiry. They also stated that, should any further evidence come to light justifying another inquiry, they would then request another broader based inquiry. I agree with the sentiments expressed by the Mill Hill Missionaries and support their right to have the matter examined should any new evidence come to light which might cast doubt on the original findings.

On a visit to Uganda in June last the Minister of State, Deputy Kitt, informed the authorities that, in line with the position taken by the Mill Hill Missionaries, we have accepted the findings of the board of inquiry subject to the caveat that the investigation should be reopened in the event of new evidence coming to light.

The family is aware that we have accepted the findings of the board of inquiry with the caveat that the investigation should be reopened in the event of any new evidence coming to light. I would like to reaffirm my sincerest condolences to Fr. Declan's family and his order. Fr. Declan stands in a great tradition of Irish missionaries who have devoted themselves at great personal sacrifice to the needs of the most disadvantaged people in Africa and elsewhere. His noble and devoted work on behalf of the poorest and most marginalised in Uganda will not be forgotten.

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