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Dáil Éireann díospóireacht -
Thursday, 6 Apr 1967

Vol. 227 No. 7

Ceisteanna—Questions. Oral Answers. - Statement by District Justice.

130.

asked the Minister for Justice if his attention has been drawn to a statement made by a District Justice at Cashel Court, County Tipperary on 18th January, 1967, when he was trying NFA farmers allegedly causing obstruction; and whether he proposes to take any action in the matter under section 21 of the Courts of Justice (District Court) Act, 1946.

I have seen press reports of the statement referred to by the Deputy.

The answer to the second part of the question is in the negative.

Does the Minister agree that this type of statement should be made by any district justice in a court?

I have looked at the remarks made by the district justice in question, when he referred to the incident before him as reminding him of a similar incident in 1930. I have checked the district justice's remarks with the files in my office in relation to the 1930s and there is a remarkable similarity between the files in question, which gives rise to an assumption of reasonable substance in the statements made by the district justice.

Is he not the last man in the world to make a charge? Is he not a man who killed a man in peculiar circumstances and who was allowed out in peculiar circumstances?

That statement should not have been made by anybody in this House.

All the same, did he not kill a man in peculiar circumstances? He killed him with a car and he got out in peculiar circumstances. He was a political tout and he should not be on the Bench.

The Deputy will have to withdraw that statement. He is making a charge against a person who is not here to defend himself and who therefore has no remedy.

I believe the statement to be true and I have no intention whatsoever of withdrawing it.

The Deputy will leave the House.

I do not think a political tout should be appointed as a district justice. I will leave the House but I shall not withdraw the statement. That is what has the law in the way it is in this country—political touts on the Bench.

The Deputy will leave the House at once.

The Minister brought this Parliament into disrepute in your day and he is bringing the Bench into disrepute now.

The Deputy will leave at once.

I will leave but I shall not withdraw the statement.

Deputy L'Estrange withdrew from the Chamber.

Question No. 131 postponed.

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