asked the Minister for Justice if he will state the charge on which Mr. Jeremiah Madigan, Derrylough, Killimer, County Clare, was arrested in his workshop on October 9th, 1929, removed to Knock police station, and there detained until the following morning; whether during his detention Mr. Madigan was assaulted by a member of the detective branch of the Gárda Síochána; and, if so, if he will state what disciplinary action has been taken against the officer concerned in the assault.
Ceisteanna—Questions. Oral—Answers. - Arrest and Alleged Assault in County Clare.
Jeremiah Madigan, of Derrylough, Killimer, County Clare, was arrested on October 9th, because he was suspected of being implicated in the commission of a felony. He was brought to Knock police station, where he made a statement, and he was then discharged. I have no evidence of any assault except his own ex-parte statement, and I do not propose to take any further action in the matter.
Would the Minister approve of prisoners being beaten under such circumstances in order to extract a confession?
When it has been definitely stated that this man was beaten by the Civic Guards would not the Minister think it advisable in his own interests and in the in terest of the Civic Guards to have an inquiry held so that his statement could be contradicted and shown up?
Did the Minister hold any inquiry with reference to the truth of the statement made by Mr. Madigan?
Mr. P Hogan (Clare):
In view of the fact that Mr. Madigan has specifically mentioned two members of the Civic Guards who beat him will the Minister in order to free these members from suspicion have an inquiry held?
There is no suspicion in the mind of any reasonable person.
If the Minister receives an affidavit by Mr. Madigan bearing out what he alleged, that he was assaulted by the Civic Guards, will he hold an inquiry into the matter?
Mr. Madigan has already made a statement, and I do not suppose his affidavit would vary very much from his statement. I have already stated the attitude I intend taking upon that statement.
Am I to understand that the Minister refuses to hold an inquiry into the allegations made?
Into the allegations made by Mr. Madigan.
If the Civic Guards received a report from an ordinary individual that he had been beaten would an inquiry be held into the matter? And if they did not hold an inquiry would the Minister think it right to take disciplinary action against them?
The Civic Guards received no complaints in this case.
What distinction does the Minister make in a case of misconduct into which the Civic Guards do not hold an inquiry and a case into which an inquiry is held?
In cases where there is a prima facie case for investigation an inquiry is held, but not otherwise.
I asked the Minister whether, if the Civic Guards received a report that an ordinary individual had been assaulted, he would think it their duty to inquire into the circumstances of that case?
It depends on whether the man would prosecute, in the first instance, himself. He must, in the first instance, prosecute or decline to prosecute.