Dáil debates

Wednesday, 22 February 2017

Topical Issue Debate

Criminal Prosecutions

4:20 pm

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail) | Oireachtas source

I acknowledge the response from the Minister of State, which does not deal with the issue at all. I was very careful with my language when I spoke today in saying that the post-mortem examination indicated that this person was killed by a single stab wound to the chest. In view of the fact that the defence of the family dwelling legislation had never been used as a defence, the Oireachtas - which enacted the legislation and which serves the people of Ireland - and the DPP was entitled to see how the legislation worked in a court of law. It is not a matter for the DPP to interpret how the legislation would play in a court of law. We want to see the facts coming out in court to deal with this.

I am extremely concerned by what I heard from my colleague a few moments ago. I wanted to come here to seek justice and a court case but the Deputy beside me used the word "murder" on several occasions. I never used that word. The several statements that this was "murder" have prejudiced the possibility of a trial ever taking place. I was very careful to say the man was killed by stabbing. I cannot prove murder and that is for a jury. A Deputy has referred to what occurred as murder on several occasions, which has jeopardised the possibility of the case ever progressing to trial. A conclusion has been reached in the House that should not have come about.

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