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Releases on Bail.

Dáil Éireann Debate, Tuesday - 27 April 2004

Tuesday, 27 April 2004

Questions (666)

Gay Mitchell

Question:

725 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 12 who claims to have been treated harshly and unfairly can have the circumstances of their detention while awaiting trial independently investigated; and if he will make a statement on the matter. [11571/04]

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Written answers

I am informed by the Garda authorities that the individual in question was arrested on 20 March 2003. On the following day, he was remanded to District Court No. 46, Richmond Hospital, and was remanded in custody to Cloverhill District Court on 25 March 2003. On that date he made a fresh application for bail, which was refused by the court. On 31 March 2003, the person in question made a bail application to the High Court. Following a full hearing, the court refused bail. On 15 April 2003, the presiding judge at Cloverhill District Court refused jurisdiction in the case and he was sent forward for trial.

On 27 July 2003, this individual made a fresh application for bail to the High Court, which was refused. A trial date was set for 23 October 2003, but on that date no judge was available to hear the case. A fresh application for bail was made to the High Court in December 2003. After hearing the full facts of the application, the court refused bail. Finally, on 15 January 2004 the person in question was acquitted by the jury at the Circuit Court.

As the Deputy will appreciate, the decision as to whether to grant bail is a matter for the courts which are independent in the exercise of their functions and accordingly it would not be appropriate for me to comment further.

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