(Mayo) asked the Minister for Justice, Equality and Law Reform if he will outline the circumstances surrounding the death of an innocent driver in an accident involving a stolen car in County Westmeath yesterday.
Private Notice Question. - County Westmeath Fatality.
I am deputising for the Minister for Justice, Equality and Law Reform who is attending a meeting in Birmingham of the Justice and Home Affairs Council called by the Presidency of the European Union.
I extend the Minister's and my deepest sympathy to the family of Mrs. Catherine Gaffney from County Meath who was killed yesterday in the incident to which the Deputy referred. I know I speak for all Members when I say that what happened on the road between Rochfortbridge and Milltownpass yesterday was a tragedy for all concerned. Following the incident two persons, a man and a woman, were arrested. They were charged this morning and further more serious charges will follow.
The House will appreciate that I am severely constrained from making any comment which might prejudice those proceedings. In the circumstances it is not appropriate for me to make any comment in relation to the circumstances surrounding this tragic incident. It has been reported that one of the persons arrested in connection with the incident yesterday was on bail. As the House is aware, the granting of bail in a particular case is a matter for the courts which are independent in the exercise of their functions and, as such, it is not open to me to make any comment in the matter.
(Mayo): Were all the charges in respect of which these two persons were brought before the court read to the court?
That information is not available. The Deputy is going into the specifics of the case.
(Mayo): I am not going into specifics which are precluded by law and which would prejudice the decision. What previous convictions had this individual?
I presume all the evidence was before the court. The decision to allow bail in this case was a matter for the court, not the Minister. The court took this decision in light of the circumstances before it.
(Mayo): The Minister did not answer my question. Surely her Department has a detailed list of the convictions obtained by the State and Garda and handed down by the courts in respect of this individual. What is the track record of this man in respect of convictions already obtained?
The charges are not a matter for me. Further charges are likely in this case. The Deputy must bear in mind that the case is sub judice.
We are talking about convictions.
Given the tragic circumstances, we must be careful when debating this case in a public forum.
(Mayo): I are not talking about the charges pending. The dead woman's family have suffered enough tragedy. Will the Minister of State outline the convictions which have already been obtained in the courts, the offences in respect of which these were obtained and the penalties handed down by the courts to this individual in respect of previous convictions? This has nothing to do with prejudicing cases that are pending.
The Deputy does not appear to appreciate that this is a matter for the courts. The current charges are before the courts and previous charges did come before the courts. It is not a matter for Members of the Oireachtas to discuss charges which were determined by the courts. If the information the Deputy seeks is available, I can forward it to him but I do not have such information with me and I am not sure it is a matter we should discuss.
(Mayo): The Minister of State's performance can only be surpassed by that of the senior Minister when he was questioned in the House about the Criminal Justice (Drug Trafficking) Bill. That was the most appalling performance by a Minister in recent years. It was a fillibuster and a refusal to impart information legitimately sought by Members of the House.
This is a serious matter. Yesterday an individual came before the court in Galway. The charges were not even read to the court. The individual was charged with being a passenger in a stolen car in Galway on 30 November, 1996. He was also charged with being a passenger in a stolen car at Ryan's Hotel in Galway at a later date and with breaking and entering into that hotel and stealing goods to the value of £315. These charges were not read to the court. Furthermore, the man's track record was not read to the court, nor was evidence adduced to sustain the case that the man had AIDS. There was no doctor in court. The case took a total of 45 seconds. An innocent woman is dead because bail was extended when the man concerned should have been in jail.
I will not accept a fudge or whitewash on this matter. What charges have been successfully brought previously against this individual?
The Deputy does not appear to realise that the rights of the person charged with an offence are also of relevance. The case has not been heard. What happened in the court yesterday is a matter for the Judiciary, whose members are independent in the exercise of their duties. That case must also come before the court.
(Mayo): The manner in which the case was prosecuted yesterday is a matter for the State. The Minister of State's legal representatives were in court yesterday. They had a charge sheet which contained three charges. The charges were not read to the court and the hearing took 45 seconds.
The man had a long track record. He was a well known drug addict who used to throw himself on the road in Summerhill in Dublin. He had previously attacked people. A man with numerous convictions was allowed to go free and his criminal and medical records were not read to the court. It was the State's responsibility to prosecute this case and it is the Minister's responsibility, as the agent responsible for the instruments of criminal justice, to answer to the House and to vindicate, validate, defend or acknowledge the circumstances in this case.
The Minister of State has come to the House with one hand as long as the other and refuses to impart any information. I am not asking her to prejudice the cases that are due to come before the courts in Mullingar or Galway. Those cases have yet to be determined. I am asking the Minister of State to outline this man's previous criminal record. How many offences were involved, when were they prosecuted, how and when were the convictions obtained and what sentences were imposed? Is it true that a five year prison sentence was imposed on this individual in the recent past?
The Deputy does not appear to appreciate that the proceedings to which he refers are not completed. The case regarding what occurred yesterday has yet to be determined, and that is true of the earlier case. The District Justice dealt with the earlier case in the Galway court. The State is prosecuting that case and the defendant was given bail but the case must still be brought to a conclusion. Observers of this matter must appreciate that I cannot say anything that would prejudice the case, particularly in view of the current serious circumstances. It is obvious that Members of the Oireachtas cannot prejudice cases before the courts.
(Mayo): I am not asking the Minister of State to do that. Let us set aside what happened in Galway yesterday and what happened in Mullingar today. I am not asking the Minister of State to make a prejudicial statement with regard to the judgments to be passed in those cases. However, I am asking about previous convictions.
This person is well known to the Garda Síochána and has a long criminal record. I commend the gardaí on the manner in which they performed their duties yesterday and I commend the former Minister, Deputy Owen, for providing the gardaí with the air support unit which was crucial in ensuring that the person was arrested even though he had taken a taxi. With regard to previous convictions, on what date was this individual first brought before the courts? How many times was he before the courts and with what offences was he charged? What convictions were imposed? The Department of Justice, Equality and Law Reform is responsible for the courts and holds court records. It has the answers to my questions and I want those answers in the interests of the people who feel injured by the manner in which this case was handled in Galway.
The Deputy asks that I set aside certain circumstances. I cannot do that. It is most unusual that a debate should be conducted about a case which is before the courts. This is an attempt to hold such a debate. We must be careful lest we prejudice the case before the courts. There is no point saying: "let us set aside this and set aside that and talk about the other". The matter is sub judice and all Members wish to ensure that justice is done.
(Mayo): This is a disgraceful performance by any standard.
It certainly is.
(Mayo): The Minister does not appear to appreciate the gravity of the matter.
I do and I know the law, as does the Deputy's colleague, Deputy Shatter, who is sitting beside him. The Deputy should be advised by his colleague if he is interested in justice being done.
(Mayo): The Minister should look after his own Department.
I am well able to do that. There is no need for this.
The Minister is interrupting.
It is a serious issue. I passed the location of the incident on my way home last night.
(Mayo): Is it not ironic that this matter is being debated on national and local radio and on television? It is also on the front pages of the national newspapers. The details of the manner in which this man was brought before the court yesterday, the manner in which he was released, stole a car from the Regional Technical College in Galway, conducted a safari across the country and crashed into an unfortunate individual from the Minister of State's home county who, instead of going about her daily routine today, will be going to the church this evening, have been extensively reported.
Is it not ironic it is stated in the newspapers that there was a subsequent hijacking of a car because the first hijacked car was immobilised? Is it not ironic that the manner in which he subsequently took a taxi is discussed in the public media? This is the elected Chamber where we are asking the Minister of State, who has ultimate responsibility for this matter, to spell out the facts. I am not criticising the Minister but simply asking her to spell out the details and say exactly what happened. If this is the Minister of State's example of zero tolerance, God help the people.
We should not play politics with this serious issue.
Hear, hear.
Politicians must accept that the person charged is not on trial here. He will be dealt with through the courts, which is the correct way to deal with the matter. I am particularly saddened by what took place, particularly for the family of Mrs. Catherine Gaffney. We want to ensure justice is done.
Written Answers follow Adjournment Debate.