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Dáil Éireann debate -
Tuesday, 14 Oct 2003

Vol. 572 No. 3

Written Answers. - Garda Investigations.

Joe Costello

Question:

474 Mr. Costello asked the Minister for Justice, Equality and Law Reform the steps required by the gardaí and the DPP to re-open the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [23268/03]

As the Deputy will appreciate, I have no role in the investigation or prosecution of cases. This is a long standing principle of our system of justice. The role of the gardaí is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The director, who is independent in the performance of his functions, makes his decision on the basis of the garda find ings viewed against the background of common and/or statute law.

The legal representatives of the person in question have contacted both the DPP and the Garda authorities. It would not therefore be appropriate for me to comment further on or to intervene in this case.

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