Martin Ferris (Kerry North, Sinn Fein)

The issues I raise are connected to the subject under debate.

Replies to parliamentary questions provided by the Minister for Defence, Deputy Willie O'Dea, demonstrated that the sale of the barracks in question was not even put to tender until months after the gun and ammunition were destroyed. As in the cases investigated by the Morris tribunal, questions need to be answered in the Sheehan case as clearly something is not right. The State continues to drag its feet. Ironically, it is attempting to have the case thrown out on the basis of delay when it, rather than James Sheehan, has been responsible for the delay and prevarication and produced the contradictory replies to questions.

A further case to have arisen in County Kerry is that of Mr. John O'Shea of Castlemaine who was found dead outside his house in October 2001. Mr. O'Shea had been arrested earlier on the evening of his death. Questions arise regarding his treatment while in custody and the manner in which his death was investigated, specifically the possible influence of the Garda on the initial report written by the then State Pathologist, Dr. Harbison.

Following pressure from the O'Shea family's legal representatives and a motion passed by Kerry County Council, in 2003 the former Minister, Mr. Michael McDowell, requested the Garda to provide him with a report. I understand this process has come to a standstill for a variety of reasons. Irrespective of the unique circumstances involved in the O'Shea case, the facts of the case make an argument for establishing an independent body which can investigate such issues as soon as they become a source of controversy.

To go further back, the infamous Kerry babies scandal also ended in a tribunal. If, at that time, a different investigative procedure into the Garda had been in place, the subsequent controversy may have been avoided.

What became evident in the Kerry cases, which were echoed in County Donegal, is that when a group of gardaí — members of the special branch or other detective units are almost invariably involved in cases of controversy — becomes accustomed to believing it is virtually beyond scrutiny, its members are more likely to engage in improper practices. Not only does this lead to the abuse of suspects or even the complete invention of cases against the innocent, it also hampers detection of serious crime. I refer here to a small number of gardaí, especially members of the special branch, in various areas. Almost 30 years after the case of the Kerry babies, we are no wiser regarding the death of the baby found on a beach in the county.

In 1976, in what became known as the Sallins case, a prominent member of the Labour Party, Mr. Nicky Kelly, was subjected to abuse. I was present on the night the men involved in the case were brought to Portlaoise Prison after 48 hours in custody and witnessed how they were unable to walk up the stairs of the prison as a result of the brutality they had suffered in Garda custody. Statements extracted from the men during brutalisation by certain members of the Garda were used as evidence against them.

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