asked the Minister for Defence if he is aware that Mr. Patrick Nolan, 48D, Drumcondra, was seriously injured by being knocked down by a military motor car on September 27th, 1923; that on March 5th, 1924, in an action against Colonel M. Gilheaney, the occupant of the car, the Lord Chief Justice awarded Nolan £200 damages, and stated that Sergeant Clarke, the driver of the car, was guilty of negligence, and that he was not the agent of Colonel Gilheany; that, in reply to inquiries on Nolan's behalf, the Army Finance Officer stated that his claim could not be admitted, and a careful investigation showed that the driver of the car was in no way to blame for the accident; that the injured persons or his witnesses were not represented at this investigation; and if, in view of the comment of the Lord Chief Justice as to Sergeant Clarke's negligence, an ex gratia payment would be made in this case.
CEISTEANNA.—QUESTIONS. ORAL ANSWERS. - MILITARY MOTOR ACCIDENT.
I am not aware of any award or comments stated to have been made by a Lord Chief Justice in this case, but I am making inquiries in this connection and will communicate with the Deputy as soon as possible.
Would the Minister state whether any Army officer has the right to override the decision of a High Court Judge? I might also ask the Minister for Justice if he would pay attention to the two statements in this question regarding the statement of the Lord Chief Justice that there was negligence on the part of the driver of the car, and awarding damages, while a military inquiry tries to reverse that decision without calling witnesses for the plaintiff—a private inquiry held to reverse a High Court Judge's decision.
I have no knowledge of the decision given. I have promised the Deputy that I will make inquiries into the matter and let him know the result.
I asked the Minister whether he is not aware that the case was defended in the High Courts by the Colonel who occupied the car, on Wednesday, March 5th, 1924, and in giving the decision the Lord Chief Justice said that Sergeant Clarke was guilty of negligence in the driving of the car and the plaintiff sustained damages to the extent of £200. What I want to get at is, what protection have civilians against interference by a military dictatorship which endeavours to reverse a decision of the High Court?
I do not know about any military dictatorship, and if the gentleman in question got a decree for £200 he can levy it off the person concerned.
I beg to give notice that I will raise the matter on the motion for the Adjournment.