Bertie Ahern (Dublin Central, Fianna Fail)

What implications, if any, arise from Dr. Harbison's condition are a matter for assessment by the DPP on a case by case basis. For me to suggest that the DPP could be definite that he would not be prepared for some case that might arise in one or two year's time in the Court of Appeal is not possible — I could not do that. I will not make such a stupid guess on a matter like that.

Whether any trial or retrial is to proceed is solely a matter for the DPP and his decision will be made on the basis of the evidence available to him. It is totally unwise to speculate on the effect, if any, that Dr. Harbison's condition might have on the DPP's decision in any particular case, the evidence that will be available to him when he makes that decision and what issues will be in contest in any trial.

I also point out that the sub judice rule applies in cases pending before our courts. I was careful in answering on this matter yesterday. My position is the same today. Somebody else might make an assessment of what might happen in the Court of Appeal in one or two year's time with regard to a case or a murder that happened five or six years ago — I will not go down that road.

See this speech in context