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Dáil Éireann díospóireacht -
Tuesday, 20 Jun 1950

Vol. 121 No. 14

Ceisteanna—Questions. Oral Answers. - Attempted Smuggling Charges.

asked the Minister for Finance whether he is aware that charges of attempted smuggling against Mr. Macklin, Monaghan, were dismissed in the District Court recently; that the only evidence tendered by the State against the accused of his intention to smuggle pigs was that his lorry containing 27 pigs was found within 30 yards of the Monaghan-Tyrone border, and whether, in view of the court's finding, he is now prepared to make adequate financial amends to Mr. Macklin for the loss, trouble and expense incurred by him in connection with this prosecution.

Charges against Mr. Francis Macklin, Dublin Street, Monaghan, under the Customs (Temporary Provisions) Act, 1945, were dismissed at Monaghan District Court on 6th instant, the district justice holding that there was a doubt in the matter. I do not propose to discuss the evidence tendered in the case, but the Deputy may wish to know that, under the powers conferred by Section 267 of the Customs Consolidation Act, 1876, the district justice certified that there was reasonable cause for the seizure effected in this case. The reply to the last part of the question is in the negative.

In view of the fact that this is the only similar case in which the benefit of the doubt was extended to the defendant, would the Minister not consider that it would be a generous act on his part to pay compensation in this isolated case for the inconvenience caused to Mr. Macklin?

Did the Minister for Agriculture give evidence in this case?

No, nor did the Deputy, either.

Has the Minister yet discovered the number of the lorry?

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