Jim Glennon (Dublin North, Fianna Fail)
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I wish to share time with Deputy Finian McGrath.

I thank the Leas-Cheann Comhairle for taking this matter on the Adjournment and I thank the Minister of State for his attendance.

Christy McGrath is a 28 year old jockey serving a 16-year sentence for murder at Gartree Prison in Leicestershire. This is the stark fact which bears repetition. In the not too distant past when I used to look on political proceedings from the spectator's point of view, I always had a great regard for and took an interest in the activities of politicians who became involved in issues of miscarriage of justice, particularly in the UK. The names of Annie Maguire, the Guildford Four and the Birmingham Six are etched in the minds of people in Ireland who are politically motivated. I take this opportunity to congratulate all those involved in the eventual delivery of justice for all concerned.

I believe that Christy McGrath is another name to be added to that unfortunate list. I am not saying categorically that there has been a miscarriage of justice, I do not believe anyone can say that without hearing all the evidence in a courtroom setting, but having read the papers and spoken to people interested in the case, I believe there are ample grounds for considerable doubt about the guilty decision made against Christy McGrath. I urge the Minister, everybody involved and everybody with a possible input to ensure that every effort is made at all levels to have a review of the case at the earliest opportunity.

We hear much about the special relationship between this nation and our neighbour but I do not know that we have such a relationship. It is cases like this one that will test whether we have one. I have no doubt that we have a unique relationship. We are unique in terms of our proximity — we are the closest neighbour either has — the entirety of northern part of this island and the fact that we share a language and are on the edge of Europe. Whether that relationship is healthy or special, it is cases like Christy McGrath's that will test its quality.

If a person from another jurisdiction sought preferential treatment in our justice system, we would probably be quite negative about granting it. However, in light of the unique relationship between the islands, particularly the unprecedented level of political interaction that has taken place for some time, we should prove the healthy state of our relationship and expedite the processes involved in dealing with Christy McGrath's case.

It would be remiss of me not only not to sympathise with Christy McGrath but his parents and family but also not to congratulate them on the manner in which they have dealt with the predicament that has been visited upon them. I also pay tribute to the 50 parliamentarians in Westminster and, as of today, a similar number in these Houses who are taking up the cudgels to ensure that justice will eventually be delivered to Christy McGrath at, I hope, the earliest possible opportunity.

Finian McGrath (Dublin North Central, Independent)
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I thank the Leas-Cheann Comhairle for allowing me the opportunity to speak on this Adjournment matter. I strongly support what Deputy Glennon said. It is refreshing to see a former international rugby star support another sportsman, Christy McGrath. I am delighted to announce that up to 40 Deputies and Senators have indicated their support for this campaign and 50 MPs support the campaign to have Christy's case reopened. I commend Senator Ó Murchú and my Independent colleague, Deputy Healy, for their work on this case.

Christy McGrath, a young jump jockey from Carrick-on-Suir, County Tipperary, was sentenced to life in prison for the murder of ex-football player, Gary Walton, in a Durham village in July 2000. Christy has denied repeatedly that he was responsible for Walton's death. He is seeking immediate appeal against this unjust conviction. On leaving a County Durham pub Christy McGrath was accosted, racially abused and assaulted by Gary Walton. Attempting to regain entrance to the pub, Christy was again attacked by Walton with a brick and was forced to defend himself. Walton was alive when Christy left the scene. Other men, two wearing balaclavas, are known to have approached Walton on the night after Christy left. One returned to the scene more than once. The body was found by police the following morning. Walton died of strangulation. He was strangled with such force that his neck and vertebrae were broken. Walton was over 6 ft tall and heavily built, Christy is more slightly built and a shorter man.

Throughout the course of their investigations, the police referred to Christy as "the Irish lad". He had no motive to kill Gary Walton. Christy tried to avoid the fight by running back to the pub. Witnesses in Christy's favour were never heard. One admitted washing blood-stained clothes while another stated seeing a murder by men in balaclavas. Police claimed they were unable to state the time of Gary Walton's death. Christy only learnt that the victim had died of strangulation after he pleaded guilty in court.

Christy McGrath's family and supporters are calling for the immediate referral of this case to the Court of Appeal. The investigation into the killing of Gary Walton should be reopened as a matter of urgency. The day before his trial for murder, Christy's lawyer put pressure on him to change his plea to guilty. He was told that if he did not, he would serve between 25 and 30 years in prison.

I urge people to support this campaign. It is a genuine one. I hope this will not be another miscarriage of justice.

Conor Lenihan (Dublin South West, Fianna Fail)
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I propose to reply to the issue raised by Deputies Glennon and Finian McGrath on the case of Mr. Christy McGrath. I am mindful of Deputy Glennon's comments about the Birmingham Six and the Guildford Four, two cases which I reported on as a journalist in London. I am very conscious of the issues and the heart-rending matters involved for the families of those concerned. I am also very conscious of Senator Ó Murchú's contribution to this campaign. We are anxious to respond as best we can.

The Department of Foreign Affairs has been actively monitoring the case of Christy McGrath from Carrick-on-Suir who was charged with the murder of an ex-footballer outside a pub in Coundon, County Durham, England, in July 2000. At his trial in January 2001, Mr. McGrath pleaded guilty to the murder and was given the mandatory sentence of life. He is required to serve a minimum period of 14 years before he can be considered for release. Since his trial Mr. McGrath has claimed that he was pressured by his legal team on the day of his trial to change his earlier plea of "innocent" to one of "guilty" and that he was informed that if he did not do so, he would receive 30 years without parole.

Mr. McGrath has been visited on six separate occasions by a diplomatic officer of the Irish Embassy in London. Mr. McGrath claims that forensic evidence exists which, if examined, would exonerate him and he remains adamant that if he got a retrial, he would be found innocent. He has reiterated his contention that he was set up by others, including his co-accused who walked free, and that he was bullied by his legal team into pleading guilty on the morning of his trial.

Mr. McGrath has engaged a well known firm of UK lawyers to advance his legal case and he hopes that it will be possible for an appeal to be lodged. I understand that his solicitor has indicated that she continues to seek grounds on which to lodge an appeal and-or to seek to have the case reopened. As the House will appreciate, Mr. McGrath's legal representative is best placed to advise him on the options open to him to avail of appeal procedures in the British judicial system.

In October 2001, the former Minister for Foreign Affairs, Deputy Cowen, met Mr. McGrath's family and supporters and assured them that the Department would continue to provide all appropriate consular assistance to Mr. McGrath and his family. The Department, through the Irish Embassy in London, continues to monitor the case closely and remains in contact with Mr. McGrath. A diplomatic officer from the embassy has visited him on six occasions. The most recent visit was on 23 June 2005. On 26 April 2005 the embassy also met representatives of the group campaigning for his release.

The embassy has also remained in contact with the prison authorities on Mr. McGrath's behalf. He was initially detained in Holme House Prison in Stockton in England and, during his first consular prison visit, he asked for the embassy's help in securing his transfer to the prison in Gartree as he felt it would more easily facilitate visits from his solicitor and family. He also indicated that he wished to be transferred as Holme House was near Durham where the murder occurred and he was concerned for his own safety and that of his family if he remained in prison in that area. Following representations from the embassy he was transferred to Gartree prison in June 2002.

Up to recently Mr. McGrath was working in the prison. He is now, however, recovering from surgery to his feet. He informed the embassy on the last visit that he has no complaints against the prison authorities.

So far, Mr. McGrath has declined to apply for a transfer under the European Convention on the Transfer of Sentenced Persons to serve out his sentence in a prison in Ireland. He remains determined not to do so until his innocence is recognised. Neither has he participated in any prison offenders' courses for the exact same reason.

There is an independent body in Britain, the Criminal Cases Review Commission, which has the power to review and supervise investigations into possible miscarriages of justice. It is my understanding, however, that unless there are exceptional circumstances, the commission is not empowered to consider cases unless the normal court appeal system has been exhausted.

I assure the Deputies that the Department of Foreign Affairs, through the Irish Embassy, will continue to provide all possible consular assistance to Mr. McGrath.