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Judicial Investigations.

Dáil Éireann Debate, Tuesday - 6 December 2005

Tuesday, 6 December 2005

Questions (221)

Joe Costello

Question:

262 Mr. Costello asked the Minister for Foreign Affairs if his attention has been drawn to the case of a person (details supplied) who is serving a sentence for murder in prison in England; if he has made formal inquiries with his British counterpart in regard to the case; if his attention has further been drawn to developments in the case; and if he will make a statement on the matter. [37748/05]

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Written answers

This case continues to be monitored by my Department through the Irish Embassy in London. The embassy remains in contact with the person himself and with the prison authorities on his behalf. I am also aware that since his trial the person concerned has stated that he was pressured by his legal team on the day of his trial to change his earlier plea of innocent to one of guilty, and that he was informed that if he did not do so he would receive 30 years without parole. He also stated that forensic evidence exists which, if examined, would exonerate him and that, he would be found innocent in a retrial. As I have indicated previously, I understand that the person's solicitor is still seeking appropriate grounds on which either to lodge an appeal against conviction or to seek to have the case reinvestigated.

An independent body in Britain, the Criminal Cases Review Commission, has the power to review, and supervise investigations into possible miscarriages of justice. It is my understanding however that, unless there are exceptional circumstances, the commission is not empowered to consider cases where the normal court appeal system has not been exhausted. As will be appreciated, the person's legal representative is best placed to advise him on the options which might be available with regard to appeal procedures in the British judicial system.

I can assure the Deputy that my Department will be very happy to continue to provide all appropriate consular assistance and support to the person concerned and to his family.

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