Dáil Éireann Debate, Tuesday - 8 March 2005
377 Mr. O’Connor asked the Minister for Justice, Equality and Law Reform if he will make a statement on the case of a person (details supplied), in view of the recent apology on the matter from the Garda Síochána; and if his attention has been drawn to the view of this person’s parents that a police inquiry into the case be carried out. [8024/05]
View answerOn 24 February 2005, the Garda Síochána issued a public apology to the family of the late Dean Lyons, stating that they were satisfied that he had no participation in the horrific murders of Sylvia Shiels and Mary Callinan. I fully appreciate the hurt and embarrassment that Mr. and Mrs. Lyons and their family have suffered as a result of criminal charges preferred against Dean and subsequently withdrawn and I can only hope that this apology will help in bringing closure to the matter for them.
The murders of Sylvia Shiels and Mary Callinan on the night of 6 to 7 March 1997 were particularly brutal and merciless and met with universal revulsion. As a result of admissions made by another person, which were subsequently retracted, an assistant commissioner was appointed to review all available evidence on these murders. The Garda authorities stated that this investigation indicated that Mr. Lyons did not commit the murders in question. It also concluded that the manner in which Mr. Lyons had been interviewed in regard to the case complied with the treatment of persons in custody in Garda stations regulations 1987 and the electronic recording of interviews regulations 1997, which came into operation on 1 March 1997.
Following completion of this inquiry, a report was submitted by the assistant commissioner to the Director of Public Prosecutions. In April 1998, after consideration of the report, the Director of Public Prosecutions decided that criminal proceedings against Mr. Lyons be discontinued. In July 1999, Mr. Lyons presented a signed and witnessed statement denying any involvement in the Grangegorman murders. Having considered the file submitted to him by the Garda concerning the second individual who had confessed to the murders, the Director of Public Prosecutions decided that no prosecution should take place.
When the DPP decides not to prosecute in a particular case, the reasons for the decision are given to the State solicitor and the investigating gardaí. The Director of Public Prosecutions stated that it is policy not to disclose this information otherwise. The policy has been upheld by the Supreme Court. The Director of Public Prosecutions is responsible for the prosecution of alleged offences and is independent in the exercise of his functions. It would be inappropriate for me to intervene or comment on his decisions.
With regard to the criminal investigation, the forensic science laboratory is reviewing the exhibits and samples taken at the time from the scene of the murders. I have separately received representations requesting that there be an independent public inquiry into the Garda investigation into the murder of one of the victims, and this request is grounded on the protections afforded by the European Convention on Human Rights.
I am not satisfied that the investigation performed fell short of the standard required by the convention or of the potential effectiveness of a full public tribunal of inquiry. However, in view of the matters raised by the solicitors involved and to assist me in my consideration of the request, I asked the solicitor involved to outline in further detail the reasons he considers a public inquiry to be necessary. I have received a response and, while it does not put forward further details, I have referred the correspondence to the Attorney General. In addition, I expect to receive within a few weeks a detailed report, which I have requested, from the Garda authorities on matters arising in this case. In keeping this matter under review, I will take into account any submission made to me, but the criminal investigation into these two brutal murders is not closed and this would have clear implications for what further action, if any, I might consider.
