Dermot Ahern (Louth, Fianna Fail)

I propose to take Questions Nos. 39 and 40 together.

The incident to which the Deputies refer was the subject of investigation by the Garda Síochána, which resulted in the submission of an investigation file to the law officers, who directed that a person be charged with manslaughter and assault occasioning actual bodily harm. At the subsequent trial, directions to acquit were given by the judge.

Following representations which I recently received, I requested a report on the matter from the Garda authorities. I am informed by the Garda authorities that, following the publication of the article referred to by Deputy Shatter, representations were also made to the Garda Commissioner requesting an investigation of the matters raised in it. The Commissioner arranged for a detective superintendent to meet the persons making the representations, particularly in the context of an assessment of whether there is new information or evidence available which could be pursued. I expect to receive a further report from the Commissioner when that assessment is completed.

The Criminal Procedure Act 2010 introduced a significant change to our laws governing the status of acquittals, by providing that an acquittal can now be set aside and the person re-tried where new and compelling evidence emerges. Previously, an acquitted person was entitled to an irrebuttable presumption of innocence. However, the Act's provisions do not apply to historical cases - they apply only to persons tried and acquitted on or after the date on which the provisions were commenced, that is, 1 September this year. This absence of retrospective effect stems from our constitutional framework.

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