Pat Rabbitte (Dublin South West, Labour)
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Question 6: To ask the Minister for Justice, Equality and Law Reform the outcome of the Garda investigation into the serious assault on a person (details supplied) in County Donegal; if there is a file with the Director of Public Prosecutions; and if he will make a statement on the matter. [9673/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As I have informed the House on previous occasions, this matter has been the subject of a considerable amount of correspondence over the years. The Garda authorities inform me that the case concerns an offence in which the person referred to by the Deputy was fired at and assaulted. The case was the subject of a thorough Garda investigation and a file was submitted to the Director of Public Prosecutions, who directed that seven charges be preferred against a third party as follows: causing serious harm, assault causing harm, assault, endangerment, two charges of possession of an unlicensed firearm and ammunition and reckless discharge of a firearm.

The case was heard at Donegal Circuit Court on 13 and 14 December 2000. The accused pleaded guilty to the fifth and sixth charges and the remaining charges were contested. After two days, the jury found the accused not guilty on the other charges. In respect of the two charges to which the accused pleaded guilty, a two year prison sentence suspended and one year prison sentence suspended were handed down, respectively.

As the Deputy will appreciate, I have no role in the investigation or prosecution of cases. This is a long-standing principle of our system of justice. The role of the Garda is to investigate alleged offences, gather whatever evidence may be available and submit a report to the Director of Public Prosecutions. The question of whether a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The Director of Public Prosecutions, who is independent in the performance of his functions, makes his decision on the basis of the Garda material given to him and on statute law.

The courts are independent, subject only to the Constitution and the law, in the exercise of their functions. It would not be appropriate for me to comment on the conduct or outcome of any individual court case, which is entirely a matter for the presiding judge, assisted in this case by a jury. A variety of factors are taken into account by a judge in deciding on any particular case, and decisions on sentencing are reached by a judge after hearing the evidence presented and assessing the circumstances of the case in the context of the verdict reached by the jury.