Dáil Éireann Debate, Thursday - 27 February 2014
13. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the reason An Garda Síochána is refusing to co-operate with an investigation being carried out by the Police Ombudsman's office in Northern Ireland into the role of former and serving officers in the PSNI in the circumstances surrounding the exposure and subsequent murder of a person (details supplied). [9722/14]
View answerI would say at the outset that the killing of Denis Donaldson, to whom the Deputy refers in his question, is the subject of an ongoing murder investigation by the Garda Síochána. In that context, I am sure the House will appreciate that we must be judicious in our comments with regard to the case.
I am informed by the Garda authorities that the investigation into this crime is ongoing. A file on the case has been submitted to the Director of Public Prosecutions. The DPP is, of course, independent in the performance of her functions.
I am informed by the Garda authorities that they have had the co-operation and assistance of their colleagues in the Police Service of Northern Ireland from the outset of this investigation and that continues to be the case.
The Deputy will appreciate that in such circumstances, where a Garda investigation is current and where matters are with the DPP, it would not be appropriate for me to comment in any further detail.
I would say, however, and I feel sure the Deputy will agree with me, that there can never be any justification for the criminal, violent taking of human life, no matter what the circumstances. This was a brutal, violent killing and it deserves condemnation.
As would be expected in the normal course of a criminal investigation, the Garda investigation team has retained certain items which were recovered at the crime scene and which are of relevance to their inquiries and for potential evidential purposes.
I am aware that the Northern Ireland Police Ombudsman is conducting an investigation into certain matters relating to the victim in this case and has sought the assistance of the Garda Síochána. To the extent that it is possible for the Garda authorities to co-operate with the Northern Ireland Police Ombudsman they will seek to do so. They must, however, be conscious of the legal constraints applying given that they must ensure that the ongoing murder inquiry and the chances of a successful prosecution arising would not be compromised in any way.
The Deputy will be aware, of course, that the remit of the Northern Ireland Police Ombudsman does not extend to this jurisdiction; rather it is specific to policing and the police service in Northern Ireland.
The House will appreciate that the first duty of the Garda Síochána in this matter is to investigate the brutal killing that has taken place in this jurisdiction and that other matters, although they may be related to the victim of that killing, cannot override that process.
