To ask the Minister for Defence whether he is aware:—
(1) That Michael Kilroy was taken prisoner near Newport on 24th November, 1922, and confined in Custume Barracks, Athlone, until about the 1st day of February, 1923, when he was removed to Mountjoy Prison, Dublin.
(2) That on the 8th February, 1923, the prisoner was handed a charge sheet, containing three charges alleged to have been incurred near Newport, on 24th November, 1922.
(3) That on the 9th February, 1923, the prisoner wrote to the Prison Governor, asking for facilities to prepare his defence, but that the first intimation received by the prisoner's solicitor of his desire to instruct him was given to the solicitor at 5 o'clock in the afternoon of 13th February, 1923, whereas the trial of the prisoner was fixed for and took place at 11 o'clock on 14th February, 1923.
(4) That accordingly no fair opportunity was given to the solicitor to prepare the prisoner's defence.
(5) That an application for an adjournment of the trial to enable the defence to be prepared was made on behalf of the prisoner to the Military Tribunal, and refused.
(6) That one of the preliminary objections, taken on behalf of the prisoner, to the proceedings was that the Court was convened by a person other than the Officer Commanding the area in which the offences were charged to have been committed, as required by the regulations as to the trial of civilians by Military Tribunals; that the objection was over-ruled on the ground that a special order had been made taking the case out of this regulation; that such order was not produced, and was not proved in any way; and that such an order, if made, would be ultra vires and void; and
(7) That all civil courts are open or capable of being held in Dublin; and whether, upon these facts, he will see the propriety of having the proceedings in question set aside and quashed.