Garda Investigations

Friday, 16 December 2016

Questions (4)

Gino Kenny

Question:

4. Deputy Gino Kenny asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the case of a person (details supplied) who was killed in 2011 in a hit-and-run incident; if her attention has been further drawn to the family's concern that if the guilty party had been properly dealt with before the fatal incident, the person would not have been killed, and that the family allege there is evidence of failure, cover up and corruption at the level of the Garda, the courts, her Department and the Director of Public Prosecutions, DPP; if she will call for a public inquiry into the circumstances of the person's death and its aftermath; and if she will make a statement on the matter. [40592/16]

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Oral answers (14 contributions)

Deputy Gino Kenny

I thank the Leas-Cheann Comhairle for facilitating me. I will abbreviate my question to the Minister. Has her attention been drawn to the case of a person who was killed in 2011 in a hit-and-run incident? Has her attention been drawn to the family's concerns that if the guilty party had been properly dealt with before the fatal incident, the person would not have been killed? The family alleges there is evidence of failure of inquiry.

Deputy Frances Fitzgerald

The Taoiseach and I recently met the family of the person referred to in the Deputy's question. We had a very long meeting with the family who have obviously been through a very traumatic time. The Taoiseach assured the family that when the Garda Síochána Ombudsman Commission, GSOC, investigation is completed, the question of what further action can be taken will be considered. As a result of that meeting and following certain issues being raised by the family, the Attorney General requested the Law Reform Commission to examine how more information might be provided to the families of victims concerning prosecutorial decisions.

The tragic case was considered under the independent review mechanism, IRM. The recommendation made by the IRM in this particular case was that I should take no further action. The IRM was not established to act as a commission of inquiry or investigation nor was it designed to make findings. There is a GSOC inquiry under way. As soon as that inquiry is completed, I will consider what further action to take.

Deputy Gino Kenny

I met Shane's mother, Lucia, four or five months ago. I spoke to her at length, as the Minister and the Taoiseach have. To say I was shocked about what happened to her son is an understatement. There is a lot of evidence and paperwork to show there was a litany of mistakes and failures by everybody - the police, the Judiciary and the Department of Justice and Equality. Shane would still be here if not for those failures. We cannot bring Shane back. Lucia knows that. There has been a serious miscarriage of justice. Shane would still be alive had it not been for the failures of the people I have mentioned. The family deserve at least an independent inquiry. Everybody's reputation is on the line here. Lucia knows Shane will not come back but the family deserves justice for Shane and a public inquiry.

Deputy Frances Fitzgerald

I am aware, as is the Taoiseach, of the very tragic details of the death of Shane and the sequence of events that led to it. Clearly, as far as the family is concerned, they involved a very wide variety of bodies. There are allegations in the case relating to the courts and the DPP. I have said frequently on this case and more generally that the courts are independent under the Constitution. Clearly it would be wrong to interfere in any way and unconstitutional to seek to interfere with the courts or their decisions. Likewise, the DPP is an independent office. We have to recognise it was established as the independent prosecution authority in the State. Nobody is above the law. If anybody has evidence of wrongdoing, they should always bring it to attention. There is a GSOC investigation under way. The case was referred by my predecessor to GSOC and the investigation has not concluded. We would like to see that investigation concluded as soon as possible. We will certainly review the situation again. There is a civil action as well that is being initiated against the State in respect of issues raised in the complaint. I hope the Deputy understands the situation at present.

Deputy Gino Kenny

With respect to the Minister, I do not understand. I will be straight with the Minister. The GSOC investigation has been going on for the past five years. What is worst about the case is that this man never went to jail for killing somebody. He was deported. What has happened is absolutely outrageous. Shane deserves a public inquiry. I will put the Minister's reputation on the line. If there is not an inquiry, the Minister should review her position as Minister for Justice and Equality. It adds insult to injury for the family because they cannot get justice. They will get justice. They deserve justice in a court of law. Any investigation so far has been a whitewash. I call on the Minister to say now that there will be a public inquiry into Shane's death.

Deputy Frances Fitzgerald

I do not accept the Deputy's characterisation of the IRM. It was an independent body with independent lawyers assessing whether there were further actions that could be taken. They came back to me at that point and said there were not. Second, the case is being dealt with by GSOC. One of the reasons the case has gone on-----

Deputy Gino Kenny

Why has it taken five years?

Deputy Frances Fitzgerald

I will tell the Deputy why.

Deputy Gino Kenny

Why has it taken five years?

Deputy Frances Fitzgerald

I will tell the Deputy why. New information has been given to GSOC over the course of the period. GSOC has to examine any new information that is brought before it. It is perfectly reasonable to wait for the conclusions of the report from GSOC and see what recommendations arise from it. As I said, I am open to considering further action at that point. I would prefer to get the report from GSOC first.