Vol. 554 No. 5
1340 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if he will establish an inquiry into whether there was collusion in Tallaght Garda station between persons (details supplied) to conceal evidence relating to the murder of a person (details supplied). [15610/02]
I have had inquiries made in this matter and I am informed that the Garda authorities are satisfied that this case was the subject of a full and proper investigation which resulted in a person being charged on the directions of the Director of Public Prosecutions and subsequently dealt with by the courts. I am further informed that nothing arose during this investigation or during the trial to indicate collusion had occurred.
As the Deputy will be aware, subject only to the Constitution and the law, the courts are independent in the exercise of their judicial functions. I have no function in relation to verdicts of the courts, nor is it open to me to intervene in or comment in any way on the conduct of court proceedings which are entirely a matter for the presiding judge. I have been informed that the defendant in this case was acquitted on all charges by the jury who returned a verdict of not guilty.
The Constitution, with certain exceptions, provides for trial by jury in any trial involving criminal charges. The role of the jury is to decide on matters of fact as disclosed by the evidence presented in court and to return a verdict. Where, as in this case, the verdict is not guilty there is no avenue for further action open to the State. This is a long-standing judicial principle which is common to very many other countries with similar judicial systems to ours and any departure from it would represent an unprecedented change in public policy in this area.
I have been informed by the Garda authorities that local gardaí have met the parents of the person named in the question on a number of occasions before, during and after the trial to explain the various legal procedures involved in the case and to assist them generally in any way possible to come to terms with their son's death. Officials of my Department have also met the parents to explain the legal issues involved.
