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Defence Forces Fatalities

Dáil Éireann Debate, Thursday - 8 May 2014

Thursday, 8 May 2014

Ceisteanna (159, 160)

Clare Daly

Ceist:

159. Deputy Clare Daly asked the Minister for Defence in view of the fact that the 34th anniversary of the murder of soldiers (details supplied) has just passed the steps he has taken to bring their killer to justice. [20623/14]

Amharc ar fhreagra

Dominic Hannigan

Ceist:

160. Deputy Dominic Hannigan asked the Minister for Defence the action the Government will take to bring a matter (details supplied) to a close; and if he will make a statement on the matter. [20724/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 159 and 160 together.

The matter to which the Deputy is referring is the case of the killing of Privates Thomas Barrett and Derek Smallhorne, who were killed while serving with the United Nations Interim Force in Lebanon (UNIFIL) on 18 April 1980 and the matter of bringing the alleged perpetrator of the crime to justice.

I can assure the Deputy that over the past number of years my Department has investigated all measures open to the Irish Authorities to bring the alleged perpetrator of this crime to justice. This Department in conjunction with the Department of Foreign Affairs and Trade, the Attorney General’s Office and the Office of the Director of Public Prosecutions (DPP) have all collaborated on this case. Unfortunately, there are no provisions in Irish law, which provide a basis for Ireland to pursue a prosecution against the alleged perpetrator.While the country with primary jurisdiction in this case is Lebanon, the Department of Defence and the Department of Foreign Affairs and Trade are also in contact with the US authorities. The US authorities have recently confirmed that the alleged perpetrator resides in the United States. The United States Department of Homeland Security is currently investigating the matter to see if there is sufficient evidence which may enable them to take a case against the alleged perpetrator. As you will appreciate, such investigations can take a considerable amount of time to complete. The Department of Defence and the Department of Foreign Affairs and Trade continue to engage with the US authorities, as appropriate, and as the case remains ongoing.

I can assure the Deputy that this matter has not been forgotten and that we are continuing with our very best efforts in this case. It is indeed 34 years since this tragic event happened and despite the passage of time the Department will continue to actively pursue the matter so that the families concerned can get the justice they deserve.

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