Dáil debates

Tuesday, 23 May 2017

Ceisteanna - Questions (Resumed) - Priority Questions

Garda Misconduct Allegations

5:05 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I am, of course, aware of the recent television programme referred to; indeed, it was discussed in the House previously. The events at Omeath in October 2015, which resulted in the death of Garda Tony Golden, were a tragedy. While it is self-evidently important that any issues of concern related to these tragic events are fully investigated, it is essential to remember that the various allegations being made are just that – allegations. Whatever the nature of allegations that may be made, we must have the utmost sensitivity for those who have suffered so much as a result of these tragic events. I think, particularly, of Garda Tony Golden’s family, whom I have met, and of Siobhán Phillips who suffered terrible injuries. Nor should we forget the grief of Adrian Mackin’s family. We need to be sensitive as to how we deal with and the language we use in discussing cases of personal tragedy such as this. We must remember the context and the effect on all involved. The truth or otherwise of those allegations has not been established and there are ongoing processes, set out in law, to do that. It would be prudent, therefore, not to pre-judge those processes, as I am sure the Deputy would agree.

Many of the concerns set out in respect of this case were raised previously with me and I did take action on every occasion. I brought them quickly to the attention of and pursued them with the Garda authorities in the context of their ongoing investigation into and review of these events and related matters. I expect to receive a final report from the Garda authorities addressing these matters when the investigation and review are complete. The Garda Síochána Ombudsman Commission recently announced its decision to initiate a public interest investigation. It has indicated that this public interest investigation will take place alongside an ongoing GSOC investigation of complaints relating to these events that were made previously. I welcome the actions being taken by GSOC in accordance with its independent powers under the law. These investigations must be allowed to take their course so the truth or otherwise of certain allegations made can be established independently. Without seeking to prejudge the issues involved, it would obviously be of great importance to learn anything that can be learned from these tragic events and to take action in that light. The GSOC investigation should be of considerable assistance in this regard.

While there has been public comment on decisions made in respect of charges brought against Mr. Mackin, as Deputy O'Callaghan will appreciate decisions in respect of the prosecution of offences are matters for the Director of Public Prosecutions who by law is fully independent in discharging these functions. That independence is a cornerstone of our criminal justice system; it has served the State well and it should be respected fully. In these circumstances it would evidently not be appropriate to comment on the details.

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