Dáil debates

Wednesday, 27 May 2015

Topical Issue Debate

Miscarriages of Justice

2:05 pm

Photo of Dara MurphyDara Murphy (Cork North Central, Fine Gael) | Oireachtas source

I am speaking on behalf of the Minister for Justice and Equality who regrets she cannot be here because of other official commitments. I am a Minister of State at the Department of Justice and Equality, however. The Minister is grateful to the Deputy for raising this important matter.

As the Deputy is aware, the Minister announced that the Government had decided to advise the President to exercise his right of pardon under Article 13.6 of the Constitution in respect of the conviction in 1941 of Mr. Harry Gleeson for the murder of Mrs. Mary McCarthy. Concerns had been raised for many years over Mr. Gleeson's conviction.

Most recently, on foot of a submission from the Irish Innocence Project and the Justice for Harry Gleeson group, the Attorney General directed that the case be reviewed by Mr. Shane Murphy SC. Mr. Murphy concluded that, in his opinion, there were deficiencies in the conviction such as to render it unsafe. The Attorney General concurred with this assessment and advised that the deficiencies were such as to warrant the Government recommending to the President that he exercise his right of pardon. The arrangements for this recommendation to be put into effect are being finalised at present.

Mr. Murphy outlined a number of factors which led to him forming his opinion and these were set out in detail in the statement the Minister issued when she announced the Government decision on the pardon. The Minister is aware of suggestions that Mr. Murphy's advice should be published and the Deputy has repeated those suggestions today. However, the Minister has advised it is not proposed to do so as legal advice is provided to the Minister and the Attorney General.

In this regard the Minister wishes to emphasise that the examination carried out by Mr. Murphy was not intended to be an inquiry designed to establish all of the facts surrounding the conviction of Mr. Gleeson or indeed the murder of Mrs. McCarthy. The intention in carrying out the examination was focused on determining whether a case had been made for a pardon. To this end the statement the Minister issued following the Government decision sets out in detail the basis for the conclusion that Mr. Gleeson's conviction was unsafe. The Minister's statement was prepared with the assistance of Mr. Shane Murphy and it fully and publicly outlined the basis for the Government's decision.

There are no doubt unanswered questions concerning Mrs. McCarthy's murder and the circumstances surrounding Mr. Gleeson's conviction but seeking to come to a determination on these matters at this remove would unfortunately not be warranted or feasible.

In deciding to recommend Mr. Gleeson's pardon the Government is exercising the only available remedy to clear his name in the hope that it will also provide some suitable tribute to his memory.

The Minister emphasises that this is an exceptional course of action, being only the fourth pardon in the history of the State and the first granted posthumously.

The Minister again underlines that it is a matter of the very greatest regret that a man was convicted and executed in circumstances which are now considered to be unsafe. Equally the Government regrets that this leaves unresolved the murder of Mrs. McCarthy, which deprived her young family of their mother. The Government has expressed its sympathy with both families and all affected by this crime and the subsequent wrongful conviction.

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