Dáil debates

Wednesday, 30 November 2005

Commissions of Investigation: Motion.

 

1:00 pm

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)

Justice delayed is justice denied. Although the years dull the pain, nothing can assuage the suffering that all families involved in this dreadful case still feel after the years have rolled on. I welcome the establishment of a commission of investigation into the Dean Lyons affair. I welcome the announcement that it will be headed by George Bermingham SC. However, I am disappointed the Minister has not taken the advice of Shane Murphy SC, recommending that the adequacy of Garda protocols and procedures regarding the assessment of the fitness of witnesses to be interviewed should be examined by the commission of investigation. This vital issue is buried in the bureaucracy of yet another expert group within the confines of the Department of Justice, Equality and Law Reform.

The commission of investigation must provide answers to three important questions. How did Dean Lyons come to be charged with the double murder at Grangegorman? Why were the charges later dropped? Why has no one else been charged with the double murder? This is, in so many ways, another example of a corrupt Garda investigation. Other examples of botched investigations which ruin lives and cause irreparable damage come to my attention on a regular basis and I propose to raise several examples.

Although the Garda Síochána includes some of the brightest and best of our citizens, it also includes more than a few bad apples. Systematic, root and branch reform of Garda training is required. While the Garda Bill includes some good provisions, I am not convinced it goes to the heart of the matter. More needs to be done. The daily drip feed from the Morris tribunal makes it difficult to have full confidence in the force. Although I appreciate the circumstances under which gardaí work, we must maintain the highest standards in Garda investigations.

I raise the murder of teenager, Kevin Reilly, in 1992. Kevin was 14 years of age when he was stabbed to death on the Cloonmore estate in Tallaght. His assailant was arrested and confessed to the killing but his statements were never admitted as evidence in court. Eyewitnesses to the attack were never called to give evidence and a person was eventually acquitted of the murder and walked free from court. Serious questions remain about the Garda investigation into Kevin's murder. His father, Joe Reilly, has been campaigning for justice for his son for the past 13 years. An investigation into this affair is required.

We also need an investigation into the death of Mary Reid in County Donegal. The initial investigation into her death in 2003 is under review by the National Bureau of Criminal Investigation. When Mary's body was discovered the Garda did not preserve the scene, collect forensic evidence or contact the State Pathologist. In this case, the gardaí involved acted on an assumption that Mary had taken her own life, an assumption which prevented a professional investigation into her death. Her brother, Joseph, continues to campaign for justice for his sister. I am pleased the Garda has at least provided sufficient manpower to investigate the case.

Deputy Rabbitte referred to the need for a completely independent ombudsman. We may continue to bang on a drum on this issue but it needs to be done, owing to the clear principle that the independence of investigators is crucial. We need an independent ombudsman. I hope the findings of the commission of investigation will bring some form of closure to the families at the centre of this tragic case, namely, those of Sylvia Shiels, Mary Callinan and Dean Lyons.

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