Dáil Éireann Debate, Thursday - 5 July 2007
225 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he will agree to pay the cost of independent forensic tests in the case of a person (details supplied); and if he will make a statement on the matter. [19559/07]
View answerIn March 2006, the family of the person in question was offered an ex gratia payment for their representation as a unit at the Inquest. That exceptional ex gratia offer was expressed to be subject to the then maximum Government approved rates for representation at Tribunals of Inquiry — i.e. €800 per day for a solicitor, €744 per day for a junior counsel or €1116 per day for a senior counsel.
In addition, agreement was reached under the auspices of the Coroner between the Garda Síochána, the Forensic Science Laboratory and legal representatives for the deceased's family to allow the latter's independent experts to attend the laboratory and carry out an examination of certain exhibits. It is important to note that my predecessor as Minister for Justice, Equality and Law Reform was not represented at the Inquest and, quite properly, had no role to play in any agreement reached. The Minister was however asked by the family of the deceased to provide further funding to pay for those independent experts.
Having considered the matter carefully and consulted with the Coroner he was unable to accede to this request.
I should explain that a Coroner's Inquest is not an adversarial process like a criminal trial — it is inquisitorial rather than adversarial in nature. The person who decides who gives evidence is the Coroner. The Coroner has indicated the evidence of the third party expert will not be admissible at the Inquest.
Given the Coroner's stated view on the admissibility of the evidence in question and the fact that there is already independent evidence available to the him via the objective expert evidence of the Forensic Science Laboratory, I consider that it would be imprudent to accede to this request in circumstances where generous financial assistance has already been offered to the family for legal representation and where the only purpose of the independent experts would be to act as private advisors to Counsel as distinct from giving evidence.
