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Garda Investigations

Dáil Éireann Debate, Tuesday - 1 July 2014

Tuesday, 1 July 2014

Questions (377, 378, 379)

Anne Ferris

Question:

377. Deputy Anne Ferris asked the Minister for Justice and Equality her views on the most appropriate method of satisfying the public interest requirement for an investigation into the case of a person (details supplied) who died in tragic circumstances during February 2002 in Clara, County Offaly in view of the decision by GSOC, due to legislative constraints, not to proceed with an investigation into a complaint relating to this case and in view of the existence of independent pathologist reports obtained privately by the person's family that contradict certain findings of a report by a former State Pathologist; and if she will make a statement on the matter. [27874/14]

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Anne Ferris

Question:

378. Deputy Anne Ferris asked the Minister for Justice and Equality if she will release to the family of a person (details supplied) a full unredacted copy of letter referenced P.S. 343/03; if for some reason this is not considered possible, the reason for same; and if she will make a statement on the matter. [27875/14]

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Anne Ferris

Question:

379. Deputy Anne Ferris asked the Minister for Justice and Equality if she will release to the family of a person (details supplied) the full report of State Pathologist into their review of the post mortem findings of her predecessor and the independent opinions of two other pathologists engaged privately by the person's family, carried out by the State Pathologist as part of a second Garda investigation into the case commenced in 2005; and if she will make a statement on the matter. [27876/14]

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Written answers

I propose to take Questions Nos. 377 to 379, inclusive, together.

The Deputy will be aware that the Garda investigation into the death of the person referred to is the subject of a complaint which has been received by my Department. I am currently considering my response and I will contact the Deputy again in relation to it.

I should point out, however, that I do not have a role in the investigation of criminal cases or the conduct of inquests. In this regard, I am advised that a copy of the State Pathologist's report referred to by the Deputy, which forms part of the Garda examination of the case, is not held in my Department.

I am also advised that the letter from 2006 referred to by the Deputy has previously been released, without redaction, under the Freedom of Information Act to a journalist following an appeal to the Information Commissioner. It is, of course, open to the persons in question to seek this or other documentation held by my Department by making a request under the Act.

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