Vol. 513 No. 4
55 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the reason for the five month delay by the Garda in the delivery of a summons for alleged assault on a press photographer (details supplied) which led to the charges being recently dismissed; and if he will make a statement on the matter. [2631/00]
I am informed by the Garda authorities that this matter is currently the subject of an internal Garda investigation. If disciplinary proceedings are warranted, as the Deputy is probably aware, the Garda Commissioner is vested, under legislation, with the general direction and control of An Garda Siochána, including matters of discipline which are governed by the Garda Siochána discipline regulations. I also understand that the Director of Public Prosecutions has directed that the dismissal of the court proceedings be made the subject of a case stated and that this course of action is being followed.
I hope the Deputy will appreciate that it is not the practice of the Minister for Justice, Equality and Law reform to comment on individual Garda investigations save in the most exceptional of circumstances. Due to operational reasons great care must be taken not to prejudice the outcome of any ongoing Garda investigation or subsequent prosecution. The Minister will, however, ask the Garda Commissioner to advise him of the outcome of the internal Garda investigation to which I referred.
(Mayo): Is the Minister of State aware that this case has given rise to considerable public concern and suspicion? This is an alleged assault after a court case in which a garda sergeant was found guilty of perverting the course of justice and received a nine month suspended sentence. Is the Minister aware that the photographer in question, who works for the Irish Independent, was verbally abused, had his camera smashed in his face and his front teeth broken? The summons was issued only days before the expiry of the six month period for its serving. A garda allegedly made several attempts to serve the summons without getting any reply. The summons was re-issued, the garda became ill again and by the time the summons was finally served on the individual in question, it was too late and the case was thrown out of court. Why was the issue of the original summons delayed by six months? Why was the summons not put in the hands of another member of the Garda Síochána when one garda quite obviously had problems with his health?
The Deputy understands that the matters raised are the subject of an internal Garda investigation. I am not in a position to give a definitive answer to this because the matters are outside our direct control but I assure the House that there will be no avoidable delay in finalising the internal Garda investigation. The Minister has asked the Garda Commissioner to advise him of the outcome of the internal investigation as soon as it is known.
(Mayo): In view of this shambles leading to the collapse of the case, is the system being changed or will there be a review of the system for the serving of summonses?
Recommendations made as a result of the investigation will be considered at that stage but we must wait for the completion of the investigation.
