asked the Minister for Justice whether it is the custom for members of the Garda Síochána concerned with prosecutions not to be present in court during the hearing of such prosecutions; and, if not, why Garda James Travers was not present in court during the hearing of the case referred to in a report of 8th July, 1962.
Ceisteanna—Questions. Oral Answers. - Gardaí at Prosecution Hearings.
53.
Mr. Ryan
I am informed that in the case in question the proceedings were conducted by the Chief State Solicitor's Office and that, as the charge was not being defended, it was, in accordance with practice, not considered necessary to have all witnesses in court. At the hearing, the Superintendent of the district and the station sergeant who was the senior member directly concerned with the prosecution were present.
Mr. Ryan
Is the Minister aware that it is most unusual in practice in the Dublin Metropolitan District Court for the prosecuting Garda not to be present?
It happens every day of the week. The Deputy does not know what he is talking about.
Mr. Ryan
The Deputy knows far more about the Dublin police courts. He is in them quite frequently in a professional capacity——
I am glad the Deputy added that "professional capacity."
Mr. Ryan
——and I would ask the Minister now to inquire further. District justices require, as a matter of courtesy, that Gardaí should be there to give them information, apart from anything else, regarding the accused. Indeed, it has been held by some district justices to be in contempt of court for the Gardaí to be absent.
The normal procedure, or practice, was followed in this case.
Then it is a procedure I have never known. I can tell the Minister that. The Gardaí are always there. I have never known a case in which they were not.
It is amusing to see the Minister for Local Government smiling and to hear him laughing.
Why should I not?
He never had a profession.