Michael McDowell (Dublin South East, Progressive Democrats)

As I have already put on the record of this House, the murder in 1991 of Mr. Eddie Fullerton, who was then a Sinn Féin councillor on Donegal County Council, was a most dreadful and heinous crime. I use the words "murder" and "crime" in respect of it. Regardless of who did it or why they did it, it is a murder and a crime, and the Deputy might note that. Unfortunately, to date, nobody has been made amenable for this appalling crime.

The so-called Ulster Freedom Fighters subsequently claimed responsibility for the murder, claiming that Councillor Fullerton was killed because he passed information to the Provisional IRA. It should be stated unequivocally that the subsequent Garda investigation indicated that there was no evidence to substantiate that claim, not that this is in any way relevant to what was cold-blooded, calculated and callous murder.

I am aware that since 2002 the Fullerton family has raised concerns about the murder and the ensuing investigations. In particular, the family has been calling for some form of inquiry into the matter. In April 2002, these concerns were raised directly with the Garda authorities in Buncrana. Subsequently, in June 2003, solicitors acting on behalf of the Fullerton family submitted to me a memorandum setting out these concerns, as well as outlining what is described as new evidence and new concerns. Included in these additional matters are references to a person characterised as a new "witness". This person made a statement to the Fullerton family's solicitors about events he allegedly witnessed shortly after the murder of Councillor Fullerton. According to the solicitors, these purported events pose radical questions for the integrity of the official Garda and RUC investigations into the murder.

In response to the submission of this memorandum and out of a genuine desire to seek to address the concerns of the Fullerton family, I referred the memorandum to the Garda Commissioner, who established a review team led by a chief superintendent to conduct a thorough and concise investigation into all matters of concern raised. The Garda review has been extremely extensive. I say that because I have seen the interim report, the scope of which has been enormous. It has involved interviews with more than 120 people and the taking of more than 150 witness statements. Recently, I have been in receipt of that interim report from the Garda authorities on the current, incomplete state of the review.

Although I do not plan to go into detail on the matter, I can confirm to the Deputy that members of the Garda review team interviewed the person characterised as a new witness to clarify his recollection of events on the day of the murder. I am informed that this person has stated that he could no longer stand over the statement he made to the Fullerton family's solicitor and, instead, made a new statement to the Garda review team.

I am pleased to report that the Garda review is drawing to a conclusion. The only outstanding matters relate to the awaited results of a mutual assistance request to the British authorities and certain police-to-police inquiries with the Police Service of Northern Ireland.

I have heard suggestions that the British and Northern Ireland authorities are failing to co-operate with these requests. I have no reason whatsoever to believe, nor have I received any indication, that either the British or Northern Ireland authorities have failed or will fail to co-operate. In this regard, it is a simple reality that such cross-jurisdictional inquiries often take an extended period to complete. This is particularly the case in regard to mutual assistance requests, which are quasi-judicial in nature.

No final conclusions can be drawn from the review until such replies from the British and Northern Ireland authorities are received, evaluated and acted upon, as appropriate, by the Garda Síochána. Although I do not intend to publish the Garda report which I recently received, I have undertaken to contact the Fullerton family's solicitors with a full response to their concerns, as soon as all the outstanding matters are clarified by the Garda Síochána.

It should be noted that the Fullerton family and their solicitors have been kept informed of developments by the Garda chief superintendent in charge of the review, who met them in December 2004. The investigation file in this case remains open and I will be in contact with the family directly in due course when the current review of all matters raised with me is brought to a definitive conclusion.

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