Dáil Éireann Debate, Wednesday - 10 November 2004
240 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied); if he will review the details of this case; and if he will make a statement on the matter. [28485/04]
Amharc ar fhreagraFollowing an investigation, a file on the matter was submitted to the Director of Public Prosecutions who directed that a prosecution be preferred against the person in question. On 18 April 2004 the person concerned was reported missing. Extensive searches to locate the person have been conducted without success to date and investigations are ongoing.
As the Deputy will appreciate, I have no role in the investigation or prosecution of cases. This is a long standing principle of our system of justice. The role of the gardaí is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and/or statute law. In the circumstances it would, therefore, be inappropriate for me to comment further on this case.
