asked the Minister for Justice to state under what circumstances and on what grounds was the release from prison ordered of Patrick Clerkin, O'Rahilly Street, Cavan, who was convicted and sentenced to three years' penal servitude in March, 1928, for conspiracy and possession of arms and whether the Minister proposes taking any action as to releasing the other three prisoners, viz., Michael Reilly, Patrick Corr and Bernard McPhillips convicted and sentenced for the same offence.
Ceisteanna—Questions. Oral Answers. - Release of Cavan Prisoner.
Patrick Clerkin was convicted on the 17th February, 1928, of aiding and abetting persons to have possession of firearms and of conspiracy and was sentenced to three years' penal servitude. He was released on licence on the 7th August, 1929, under the prerogative of mercy in response to a petition. It is not usual to state the reasons for which the prerogative of mercy is exercised and I think it would be undesirable to depart from that practice, but in this particular case to avoid misunderstanding I may say that the following were the considerations which moved me to advise that mercy should be shown to Patrick Clerkin: I was amply satisfied that Clerkin had no personal interest in the enterprise and that he was not aware that firearms were to be used. He lent his car to the other conspirators. I have no reason to believe that he knew anything about the firearms and he was not in the car with the others when the firearms were found by the police. He had served 18 months in prison and having regard to all the circumstances of the case I came to the conclusion that he had been sufficiently punished. In the case of the other 3 prisoners mentioned in whose possession or under whose control the firearms were found I do not propose to take any action.
I wish to be given an opportunity to raise the matter on the adjournment.