Dáil Éireann Debate, Tuesday - 27 April 2004
684 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform if he will inquire from the Garda Commissioner if an adequate investigation was carried out into the death of a person (details supplied) in January 2000 following an assault earlier, in view of the Dublin Coroner referring the case to the Director of Public Prosecutions following a re-opened inquest on 31 August 2003. [11158/04]
View answerI am informed by the Garda authorities that the death of the person referred to in the Deputy's question occurred in February 2002 and was fully investigated by the Garda Síochána. A file on the incident was forwarded to the Director of Public Prosecutions. The Director of Public Prosecutions directed that one person be charged under the Non-Fatal Offences Against the Person Act 1997. The case was listed for trial in October 2003 and was remanded to December 2003 when the accused was convicted and fined €250.
I understand that the inquest in this case commenced in the coroner's court on 31 March 2004. After hearing a number of witnesses including the State pathologist, the coroner adjourned the inquest and requested the file be sent back to the Director of Public Prosecutions.
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 Garda 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 or not 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 findings viewed against the background of common and/or statute law. In the circumstances it would, therefore, be inappropriate for me to comment further on the case.
