Dáil Éireann Debate, Tuesday - 11 December 2012
62. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 8 of 20 June 2012, the position regarding the Garda review of the murder of Fr. Niall Molloy at Clara, County Offaly, in July 1985; if he will accede to the request by the family for an independent inquiry into the priest's death; and if he will make a statement on the matter. [54353/12]
View answerI am advised by the Garda authorities that the examination referred to by the Deputy is ongoing. The Commissioner has assured me that each and every line of inquiry is being or will be pursued. Upon receipt of a final report from the Commissioner I will review the situation. I am fully aware of course of the many issues of concern which have been raised in the public domain surrounding the circumstances of Father Molloy’s death and the context in which some form of inquiry has been considered desirable. But what needs to be considered first and foremost at present is that the matters at the heart of the Garda examination relate to potential criminal liability and, in that context, possible charges. I sympathise greatly with Father Molloy's family and understand that the officers carrying out the examination are continuing to keep the family updated on progress. However, the best form of justice for the family would be for anyone who has any criminal liability in relation to Father Molloy's tragic death to be brought to account through facing charges. It would therefore be deeply inappropriate to do anything which could prejudice the possibility of that happening. It is also of crucial importance that the Gardaí receive the fullest co-operation from any individual who can provide any information of relevance to the enquires being conducted.
In any case where criminal behaviour is suspected it is only through a Garda investigation, and where evidence of criminal wrongdoing is available, through the submission of a file by the Gardaí to the Director of Public Prosecutions, that persons can be brought fully to account before the Courts. A commission or judicial investigation, or journalistic inquiries, cannot do this, nor can any other type of review, no matter how thorough or independent. I therefore hope the Deputy will agree that, in the first instance, we need to allow the present Garda examination to proceed to its conclusion.
