asked the Minister for Justice if he is now in a position to give further information with regard to Question No. 11 of Tuesday, 5th March 1974; if criminal proceedings have been taken; and if Garda investigations have been completed.
Ceisteanna—Questions. Oral Answers. - Injuries Case Investigation.
45.
There were two aspects to this case.
The first was that the gardaí who arrested the man concerned reported that he had both obstructed them and assaulted one of their members. In the ordinary course, the Garda Síochána would have instituted proceedings against him but, because of the special circumstances, they submitted the matter to the law officers for a direction. The law officers decided that, as the alleged offences were not of a serious nature and as the man had himself suffered a serious injury necessitating a stay in hospital, no proceedings would be brought.
The second point was that some allegations or suggestions were made that the injury he received either was or may have been due to an assault by one or more members of the Garda. Initially, the only account of what occurred was that supplied by those members of the gardaí who were present and these members stated that no question of an assault by them had arisen but that he had accidentally struck his head against a wall. Later, when it became possible to interview the man concerned, it was conveyed to the Garda on his behalf that an interview could take place only in the presence of his solicitor. An arrangement was made accordingly and the man then said, in the presence of his solicitor, that he was not prepared to make any statement. Nevertheless, the Garda submitted this issue, also, to the law officers who directed that there was no evidence to justify the institution of any proceedings against any members of the force. In fact, in view of the refusal of the man concerned to make any statement, it must be taken that he is making no allegation against the garda.