Dáil Éireann díospóireacht -
Wednesday, 6 Dec 1995

Vol. 459 No. 4

Adjournment Debate. - Suspension of Custodial Sentence.

Mr. O'Donoghue

It does not give me any pleasure to have to raise this tragic case. At the end of September 1995, a Dundalk restaurateur was jailed for three years for killing a mother of six and a taxi driver through dangerous driving. The accused was also disqualified from driving for six years by Dublin Circuit Criminal Court. At the time of the accident his car was found to have three bald tyres.

This desperate tragedy occurred on 27 March 1994 on a clear stretch of road in mid afternoon in County Louth. Evidence was given to the court that the road was 32 feet wide and was dry at the time of the accident on a bypass road around Dundalk. Eye witnesses put the accused's speed at somewhere between 50 and 60 miles per hour. The taxi was driving at approximately 30 miles per hour which was the speed limit for the road. The trial judge agreed to a request that the sentence be reviewed on the first day of December 1995.

Unfortunately — and this is the crucial point — the review of the case went ahead without the Garda involved in the original case having been formally informed that the review was to proceed on 1 December 1995. My information is that the first the Garda heard of the review was when his superintendent called to ask him why he was not in Dublin for the review hearing. The Garda informed his superintendent that he had noted the review in his case diary as being December 1996. Clearly there was either a breakdown in communications or a complete lack of communication in this case.

The very least that could have been expected was that the relevant authorities would have ensured that the Garda involved in the original case was present in court for the review of the case last week where the sentence was quashed and the accused released. Had the Garda been formally informed of the review and notified of the date, my information is that the review may well have had a different outcome. It is apparent to everybody now even from recent cases which have received considerable publicity that the communication path on cases must be strengthened so as to ensure that all relevant information on a particular case is adequately aired.

I understand that the families of the people killed in this tragic accident were not advised of the review date. The time has come for provision to be made for formal compulsory notification of the gardaí involved in the original cases when they come up for review. As a matter of humanity and compassion the families of the victims in such cases should at the very least be advised of the date of the review.

Mr. Currie

I agree with many of the points made by the Deputy about this tragic case. It might be helpful to him and the House if I set out the circumstances surrounding this matter which had its source in a most horrific road traffic accident near Dundalk on 27 March last year.

The Garda report into the accident shows that it was carefully and fully investigated. In accordance with normal procedure, a file was submitted to the Director of Public Prosecutions as to what charges, if any, should be preferred. Such evidence as was disclosed by the Garda investigation file as capable of being presented before a criminal court was assessed in that office and the appropriate decision as to charges was taken. The case was listed for arraignment in the Dublin Circuit Criminal Court on 24 March last and at the arraignment hearing a trial date of 26 July 1995 was set.

On 26 July last a jury was empanelled but the accused subsequently pleaded guilty before Judge O'Connor who sentenced him to three years' imprisonment and disqualified him from driving for six years, with a review of the sentence on 1 December 1996. Literally as the judge was getting up from the bench, Mr. Mohan, BL, for the accused applied for the review of the sentence to be brought forward from 1 December 1996 to 1 December this year. The judge granted this application.

The review of the case was, accordingly, listed for 1 December last and was heard on that date. Judge O'Connor suspended the balance of the sentence. Neither the prosecuting garda nor the families of the victims were present in court. I might mention that the decision of the court and the sentence imposed is a matter on which I may not comment as the Judiciary is independent in the exercise of its functions. However, it is clear that the State side did not exercise the degree of vigilance and attention necessary to ensure that its position on the issue of review was presented to the court on 1 December last.

The Minister for Justice has informed me that she is pursuing further inquiries with the Garda Commissioner and the Chief State Solicitor's office on this matter and that she will write to the Deputy when she has all the information she needs.