Vol. 509 No. 1
54 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the current situation in the investigation by a senior Garda officer into the conduct by the gardaí in the investigation into the death of a person (details supplied) in County Donegal and into allegations of Garda involvement in the mishandling of explosive findings; and if he will make a statement on the matter. [19707/99]
I dealt with this matter at some length in my reply to a priority question on 5 May last. I then outlined that the allegations referred to by the Deputy related to the method of investigation of crime, including an allegation that bomb making material had been planted so the gardaí could claim credit for it.
I am informed by the Garda authorities that investigations led by an assistant commissioner into all aspects of the allegations are continuing. This is a complex investigation and extensive inquiries remain to be carried out. However, I am assured by the Garda authorities that every effort is being made to bring all the matters currently under investigation to a conclusion. If appropriate, criminal prosecutions and disciplinary action will ensue.
The House will appreciate that there are obvious constraints on what I can say on the matter while the investigation is continuing. I must also have regard to the fact that matters at issue are the subject of civil actions, and complaints made to the Garda Complaints Board are also being investigated.
The Garda authorities have further informed me that arising from facts established to date the Garda Commissioner decided to suspend a member from duty. The member remains suspended and a file has been sent to the Director of Public Prosecutions.
(Mayo): In relation to the attempted framing of the McBrearty family and Mark McConnell for the murder of Richie Barron, is the Minister aware that the Director of Public Prosecutions has now decided that no prosecutions should issue? Is the Minister also aware of the constant harassment of the McBreartys by the gardaí? Whereas they had a mere five prosecutions for breaches of the licensing laws over a 20 year period, they have had over 100 prosecutions in a two and a half year period and the cases currently before the court in Donegal are going ahead in spite of a written request from Assistant Commissioner Carty that they should not. The assistant commissioner issued a clear instruction to the State solicitor in Donegal saying: “You should be aware that it is my desire that any prosecutions—
The Deputy should not use quotations during Question Time.
(Mayo):—against the McBrearty family should not proceed until such time as my investigation is finished.”
The Deputy should also not name the family concerned.
(Mayo): Is the Minister concerned that something is amiss in Donegal? When will this matter be brought to a conclusion? When it is concluded, will the Minister bring a full report on it before the House?
Deputy Higgins will appreciate that I am constrained by obvious legal complexities with regard to what I can say on this matter. My understanding is that the file on the murder of Mr. Barron is open and that the Garda investigation is continuing.
I am aware that civil proceedings have been instituted and that a total of six people have indicated their intentions to institute proceedings. The State has filed three defences in these cases. A Garda report on a statement of claim filed in March 1999 is currently awaited on another claim and a statement of claim has not yet been filed by a fifth person. These claimants were questioned by the gardaí during the investigation of a murder and a claim of false imprisonment, assault, breach of constitutional rights, harassment, intimidation and oppressive behaviour. The Garda Commissioner has informed me that the investigation is continuing. I ask the Deputy to await the outcome of the investigations prior to commenting further on the matter. The civil proceedings are sub judice and the Garda investigation is ongoing in relation to the criminal aspects.
