I am informed by the Garda authorities that on 21 September 2002, the person in question was notified of a protection order under section 17 of the Domestic Violence Act 1996. Two gardaí were present at the time of the notification. The order had been issued at Dublin District Court on 18 September 2002.
I am further informed that, at 10.15 p.m. on the same date, two gardaí responded to a complaint against the person alleging that she had breached the protection order. The person was arrested for the alleged breach and was subsequently charged and bailed to appear at Kilmainham District Court on 17 October 2002.
On the following day, at 8 a.m., two gardaí responded to a separate complaint against the person alleging that she had breached the protection order. The person was arrested for the alleged breach and was subsequently charged at Celbridge Garda station and bailed to appear at Kilmainham District Court on 27 September 2002.
Both cases were subsequently listed for hearing at Kilmainham District Court on 29 January 2003. On that date the complainant attended court and the charges were withdrawn as he refused to give evidence. Both parties were legally represented.
The gardaí have attended the home in question on a number of occasions. On each occasion on which the person was arrested her sister was present in the home and accompanied her to the Garda station, while the complainant remained in the home to take care of their children.
Execution of a protection order under section 17 of the Act does not require corroboration. Before execution of a protection order, the gardaí must be satisfied that the respondent has been made aware of the order and its contents. In this case, the respondent was notified of its existence on 21 September 2002, in the presence of two gardaí. The document in this case is a court order to arrest and bring before the court the person alleged to have been in breach of the order. The gardaí in both instances acted on the court order, which they are obliged by law to do.
