Dáil debates

Wednesday, 7 March 2007

1:00 pm

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)

I visited Lebanon during the period 27 February to 1 March. During the visit I met the Lebanese Minister for Defence, Elias Murr. Among the issues we discussed was the killing of Privates Thomas Barrett and Derek Smallhorne while serving with the United Nations Interim Force in Lebanon, UNIFIL, in 1980 and the efforts to bring the alleged perpetrator of this crime to justice. The measures open to the Irish authorities to bring the alleged perpetrator of this crime to justice were examined in detail in the Department of Defence in conjunction with the Department of Foreign Affairs, the Attorney General's office and the Office of the Director of Public Prosecutions. The Attorney General advised that no provisions in Irish law provided a basis for Ireland to pursue a prosecution against the alleged perpetrator. The Office of the Director of Public Prosecutions also examined all the available evidence in the case and concluded that it could not pursue a prosecution against the alleged perpetrator.

The country with primary jurisdiction in this case is Lebanon. The Department of Defence and the Department of Foreign Affairs are also in contact with the authorities in the United States where the alleged perpetrator resides as a naturalised US citizen. The United States is investigating the circumstances surrounding the deaths of Privates Barrett and Smallhorne to see whether there is sufficient evidence which may enable it to take a case against the alleged perpetrator. If the US authorities can mount a case in the United States for the denaturalisation of the alleged perpetrator, the person in question could be returned to Lebanon, in which case we would seek to have the Lebanese authorities bring the alleged perpetrator to justice. During my meeting last week with the Lebanese Minister for Defence I sought the assistance of the Lebanese authorities in pursuing the case. Mr. Murr assured me the Lebanese authorities would assist in every possible way should the alleged perpetrator be denaturalised and deported from the United States to Lebanon.

We continue with our very best efforts in this case. It has been more than 25 years since this tragic event happened and the families deserve justice. They are not forgotten. I am assiduously pursuing every avenue possible.

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