asked the Minister for Justice if he will state whether a superintendent of the Gárda Síochána approached Mr. Richard Colgan, Glebe Street, Ballinrobe, merchant, and informed him that he would lose his licence to deal in firearms if he did not dismiss from his employment an assistant named Jas. Burke, and, if so, if he will state why this action was taken.
Ceisteanna—Questions. Oral Answers. - Gárda Superintendent and Firearms Dealer.
In the course of a search on the 5th November last, members of the Gárda Síochána found in the possession of Jas. Burke treasonable documents which showed clearly that he was an active member of the local Irregular organisation. Burke was arrested and returned for trial in custody. At Castlebar Circuit Court, on the 31st January last, he refused to plead, and was found mute of malice. He was, however, acquitted. Burke was a shop assistant employed by Mr. Richard Colgan, a registered firearms dealer. The local superintendent approached Mr. Colgan, and informed him that, notwithstanding the acquittal, he did not consider it proper that Burke should have access to large quantities of ammunition, and if Mr. Colgan retained Burke in his employment, the superintendent would report the facts to the Minister for Justice for such action as might be considered necessary. Mr. Colgan asked that time should be given for Burke to obtain other employment, and the superintendent agreed. Shortly afterwards, Burke secured another situation in a drapery store. I consider that the Gárda Síochána acted quite properly in the matter.
Will the Minister state if an officer of the Gárda Síochána has a right to veto the decision of a judge and jury?
No officer of the Gárda Síochána has the right to veto the judgement of a judge and jury, but, at the same time, the officer must discharge the duties of his own office.
Are we to understand from the Minister that this man, Jas. Burke, was acquitted of the charge for which he was tried, and that, subsequent to his acquittal, the superintendent of the Gárda Síochána went to his employer and insisted on his being dismissed from his employment?
Certainly, you are to understand that, but I may inform the Deputy that I personally pay no attention to the verdict of a jury when the jury has been tampered with and when notices have been sent round to jurymen warning them not to convict.
Were such notices sent to jurymen in this case?
Yes, sir.
Has the Minister legal knowledge that that is so?
I do not know what exactly the Deputy means by "legal knowledge," but I have the knowledge which the ordinary person possesses.
Will the Minister produce one of these documents to the House?
The question of the production of documents is a separate question.