asked the Minister for Justice whether his attention has been drawn to a report of an action, determined before the High Court on the 18th December, 1944, by Anthony Achilles Housset as plaintiff against Mrs. Honoria Clarke, defendant, in the course of which the position of one Michael A. Byrne, of Castleknock, with reference to the case was commented upon; if he is aware that the said Michael A. Byrne was prosecuted in connection with the matters arising from the said case and that a nolle prosequi was later entered by the State, and if he will state the circumstances under which this action was taken.
Ceisteanna—Questions. Oral Answers. - High Court Action.
Mr. Boland
I understand that, on the 8th February, 1945, Mr. Byrne was returned for trial by the Circuit Court. His trial was due to take place on the 12th June, 1945, but it was adjourned on a number of occasions owing to non-attendance of witnesses for the prosecution, including Mr. Housset, whose evidence was essential to a successful prosecution. On the 24th October the judge peremptorily fixed the 14th November for the trial, and, as Mr. Housset failed to attend on that day, a nolle prosequi was entered. Every effort was made and sufficient notice was given to secure Mr. Housset's attendance. His attendance could not be compelled, however, as he was absent from the State.