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Dáil Éireann díospóireacht -
Wednesday, 20 Mar 2002

Vol. 550 No. 4

Written Answers. - Garda Investigations.

Jim Higgins

Ceist:

627 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform if Garda investigations were carried out in relation to Garda conduct cases (details supplied); and if so, the outcomes of same. [9174/02]

I have been informed by the Garda authorities of the following details in relation to investigation of Garda conduct in the cases raised by the Deputy.

The Paul Ward CaseAn assistant commissioner was appointed by the Garda Commissioner to inquire into and report on the circumstances that gave rise to the trial judge's comments in this case. Arising from the report, a working group was established by the Commissioner to progress the recommendations contained in the report.
The Fred Flannery CaseArising from the comments of the trial judge in this case the then Garda Commissioner appointed a chief superintendent to examine and investigate the alleged misconduct by members of An Garda Síochána. The chief superintendent's report was submitted to the Director of Public Prosecutions, who directed that no action was warranted in respect of any members of An Garda Síochána involved.
The Dean Lyons CaseA probative inquiry into the circumstances surrounding the charging of the individual concerned was conducted by an assistant commissioner, on the directions of the Garda Commissioner. This inquiry established that the person in question was lawfully arrested on the 26 July 1997, and subsequently detained under the provisions of section 4, Criminal Justice Act, 1984, in connection with the double murder at Grangegorman, Dublin 7 on 6-7 March 1997. It was also established that the manner in which the person was interviewed was in compliance with the Criminal Justice Act 1984 (Electronic Recording of Interviews Regulations, 1997) which came into operation on 1 March 1997.
The Anna Maria Sacco CaseNo inquiry was carried out by An Garda Síochána in relation to the conduct of the Garda investigation of this case.
The Jerry McCabe CaseComplaints were made under the Garda Síochána (Complaints) Act, 1986, by some of those arrested in the course of this murder investigation and these were investigated by the Garda Síochána Complaints Board. No inquiry was carried out by An Garda Síochána in relation to the conduct of the Garda investigation of this case.
The Hugh Byrne CaseTwelve individuals have gone on trial for the manslaughter of Mr. Josie Dwyer. Of these, six persons have been convicted by the courts of various offences related to the incident. Two of these were tried before the Special Criminal Court. A further five persons were found not guilty (one of whom was Mr. Byrne) by direction of the presiding judge. Charges against the 12th person were withdrawn. No inquiry was carried out by An Garda Síochána in relation to the conduct of the Garda investigation of this case.
The Paul O'Donoghue CaseNo details of any inquiry carried out in relation to the conduct of a Garda investigation relative to the named individual are available.
The Frank Shortt CaseAs this matter is currently before the courts I do not consider any comment to be appropriate at this stage.
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