Dáil Éireann díospóireacht -
Tuesday, 26 Nov 1991

Vol. 413 No. 5

Written Answers. - “Today-Tonight” Programme.

Bernard J. Durkan

Ceist:

36 Mr. Durkan asked the Minister for Justice if his attention has been drawn to the "Today-Tonight" TV programme of Wednesday, 30 October 1991, wherein it was alleged (a) that a murder victim was threatened several days beforehand and that this fact was reported to the Garda, (b) that no medical examination took place following an alleged rape and (c) that a civilian was seen driving a Garda patrol car in the company of gardaí; if he will undertake a full investigation of all the allegations contained in the programme; if he will confirm that nothing further will take place in connection with the case which might facilitate a recurrence or in any way endanger public safety; and if he will make a statement on the matter.

Minister for Justice (Mr. Burke)

The person who was charged in respect of the murders referred to, was found guilty but insane and who is at present detained in the Central Mental Hospital, Dundrum, under section 2 (2) of the Trial of Lunatics Act, 1883, applied for release from that hospital.

Arising out of a Supreme Court decision in February 1991 to the effect that it was a matter for the Government or the Minister for Justice to decide on such an application, I set up an advisory committee on 9 September 1991 with the following terms of reference: "To advise the Minister for Justice as to whether or not the applicant is suffering from any mental disorder warranting his continued detention in the public and private interests, including the question of whether he would be a potential danger to any member of the public if released, having regard to any relevant information, material, or submissions as may be tendered to or come to the notice of the committee, including any information, material, or submissions tendered by or on behalf of the applicant."

The committee completed their consideration of the matter on 30 October 1991 and advised that having regard to the criteria in the terms of reference, the applicant's continued detention is warranted in both the public and private interest. With the agreement of the Government I have accepted the committee's advice and the person concerned has been informed that his application for release is refused.

With regard to the specific allegations made in the TV programme referred to by the Deputy, I have been informed by the Garda authorities that Garda actions, including all operational decisions — which are, of course, a matter for the Garda Commissioner — were dictated by the aims of preventing and detecting crime, protecting potential victims and encouraging them to come forward and report criminal behaviour. I do not propose to go into specifics on the operational decisions taken by the Garda in dealing with this case nor do I think it would be in any way proper for me to comment on their dealings with the victims on specific matters. I would, however, like to say that the Garda authorities have informed me that they are satisfied that the course taken by the gardaí both before and after the occurrence of this tragic incident was appropriate to the circumstances which prevailed at the time.