Dáil debates

Tuesday, 27 November 2012

Topical Issue Debate

Commission of Inquiry

6:20 pm

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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I thank the Ceann Comhairle's office. I thank the Minister of State for being present to reply to the debate but am disappointed that the Minister for Justice and Equality, Deputy Shatter, did not see fit to attend this particular debate, given its significance.

On 8 July 1985, Fr. Niall Molloy was murdered. To date nobody has been brought to justice for that murder. There is a view, which I believe is sustained by the facts, that the cover up of that murder was aided and abetted by an omertà-style collusion between the most powerful forces in the State - the senior political establishment, the Judiciary, the Catholic Church, senior medical personnel and the Garda. For that reason alone, it is imperative that the Minister accedes to the request being made by me and Deputies Phelan and McGrath that an independent commission of inquiry be established. The Minister may well reply that the case is the subject of an ongoing investigation by the Garda cold case unit. The family has communicated with the Garda Commissioner to indicate its members no longer have confidence in that inquiry. The level of mismanagement of this case by gardaí sustains their case and it is imperative that the Minister should now act on the issue.

There is an enormous amount of information in the public arena at this stage about mysterious fires in coroners' offices, files being stolen from the Garda and deals done to retrieve those files, but we have no answers. Gardaí investigating gardaí - which in effect is what the cold case unit is doing - is not an appropriate way to proceed. It is very difficult in two minutes to do justice to the degree of mismanagement and the miscarriage of justice inherent in this case, but I urge the Minister to act. He is familiar with the facts; I have written to him on the issue. I urge him to accede to the family's request for an independent commission of inquiry.

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael)
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I thank the Ceann Comhairle's office for choosing this motion for the Topical Issues debate. I reiterate what Deputy Creed stated. I have examined this case for a number of years, ever since it came back into the public domain. Our system of criminal justice is based on fundamental principles of fair procedures but such procedures are a two-way street. There must be fair principles for both those accused and those who are the victims of crime. In this case, the family of Fr. Molloy have been seeking justice for almost 28 years.

Fr. Molloy was murdered in July 1985. A series of events occurred, both on that day and in the time since, which are really extraordinary. I am not one who is taken by conspiracy theories but all evidence as presented seems to suggest clearly that more than merely freak events are in question. There was some level of collusion and cover up by very powerful influences in our society. There was the failure of gardaí on the day in question to retain vital evidence, failure to identify blood and fingerprints at the scene, and inconsistencies identified in the statements given by people to gardaí after the event. There was the declaration afterwards that the judge in the trial had been very familiar with the suspect in the case. Garda files were stolen from the office of the Director of Public Prosecutions, a fire in the coroner's office destroyed files and there was a burglary at Fr. Molloy's house two weeks before he was murdered. There were attempts by the accused to cash in an insurance policy on Fr. Molloy's life. There was the alleged involvement of very serious figures associated with crime in this country in the past 30 years. All these factors present an unanswerable case for the establishment of a commission of inquiry into this event soon as possible, in order that justice for Fr. Molloy and his family may be finally achieved.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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I thank the Acting Chairman and the Ceann Comhairle for the opportunity to raise the serious and urgent matter of the murder of Fr. Niall Molloy in 1985, along with the serious allegations of a cover up about which many people have serious concerns.

I have particular respect for the great and brave work done by Gemma O'Doherty, a journalist with the Irish Independent, William Maher, nephew of Fr. Niall, and the entire family, who want the truth and justice for their relative. We need to get to the truth of this matter. The citizens of this State deserve the facts. They also deserve high standards of professionalism and objectivity from the Garda, the courts, the State and their politicians. That is what this debate is about. My main concerns are based on the evidence. For more than 27 years disquieting allegations have surrounded the murder, the initial Garda investigation and the subsequent trial.

My concerns are these. Fr. Niall Molloy who died in Clara, County Offaly, on 8 July 1985, died as a result of a series of fatal blows to the head. The original investigation team committed errors of negligence and incompetence. There was a failure to retain vital evidence found at the murder scene. There was a broken watch which would have determined the time of the killing. There was a failure to identify blood and fingerprints at the scene, and a failure to interview important witnesses. There were glaring inconsistencies in the Garda statements at the inquest. The judge knew the accused. The Garda file was stolen from the DPP's office by the well-known criminal, the "General", Martin Cahill, in 1987. Why was Fr. Niall Molloy left to die over five hours?

These are just a few of my concerns. These serious questions must be answered and any cover up exposed to ensure that the citizens of this State have trust in our justice system. I urge the Minister to commence a commission of investigation because these are serious allegations. We need answers on behalf of the citizens of this State and for the family of Fr. Niall Molloy.

6:30 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I thank the Deputies for raising this matter. I am speaking on behalf of the Minister for Justice and Equality who is unable to be present as a result of business in which he is involved elsewhere in the Houses.

The Minister is fully aware of the concerns that have been expressed concerning the death of Fr. Niall Molloy and he sympathises greatly with the Molloy family. I am sure Deputies will join me in expressing sympathy to other families whose loved ones were also killed and where the perpetrators have not been brought to justice. The Minister has previously set out for this House the background to the Fr. Molloy case and the most recent developments with regard to the Garda examination of the issues raised by Fr. Molloy's family and others, particularly Ms Gemma O'Doherty who writes for the Irish Independent.

On foot of the concerns raised, the Garda Commissioner arranged for a detective superintendent to meet Ms O'Doherty, as well as members of the Molloy family. The purpose of this was to facilitate an assessment of whether there is any evidence which was not available to the original investigation team and if further investigation is required in this case. Shortly after his appointment, the Minister inquired into the steps being taken by An Garda Síochána and was advised of the position. He has at all times emphasised the importance of all relevant matters being thoroughly examined and investigated. The position is that this examination remains ongoing. The Garda authorities have indicated that during the course of the examination additional information has been provided to the investigating officers and that this identifies further lines of inquiry which have had to be followed up. The Garda Commissioner has assured the Minister that each and every one of these lines of inquiry is being or will be pursued. The Minister also understands that the officers carrying out the examination are continuing to keep Fr. Molloy's family members updated on progress.

The Minister is well aware of the many issues of concern which have been raised in the public domain in respect of the circumstances surrounding Fr. Molloy's death and the context in which some form of inquiry has been considered desirable. However, what needs to be considered, first and foremost, at present is that the matters at the heart of the Garda examination relate to potential criminal liability and, in that context, possible charges. The best form of justice for the Fr. Molloy's family would be for anyone who has any criminal liability in respect of his tragic death to be brought to account through facing charges. In the Minister's view, it would be deeply inappropriate to do anything which could prejudice the possibility of that happening. It is also of crucial importance that the Garda receive the fullest co-operation from any individual who can provide any information of relevance to the inquires being conducted.

In any case where criminal behaviour is suspected, it is only through a Garda investigation, and where evidence of criminal wrongdoing is available - through the submission of a file by the Garda to the Director of Public Prosecutions - that persons can be brought fully to account before the courts. A commission or judicial investigation or journalistic inquiries cannot do this nor can any other type of review, no matter how thorough or independent. Whatever questions there may be about the original investigation, people should not prejudge the outcome of the current Garda examination. In the Minister's opinion, that examination must be allowed to proceed unhindered and he has been assured by the Garda Commissioner that all relevant evidence, wherever it may lead, will be fully pursued. The House will appreciate that, ultimately, a criminal prosecution has to be based on hard evidence, not rumour, speculation or conjecture. The Garda examination has not been completed and, accordingly, any media or other reports of its findings are, of their nature, speculative.

In making these points, I wish to make clear that the Minister's commitment to reviewing the situation when he receives a final report from the Garda Commissioner remains firmly in place. Against that background, I hope the House can accept that we all share the desire to see justice done to the greatest extent possible in this case. The Minister has tried to set out why, in the first instance, the best chance to achieve this lies with allowing the current Garda examination to proceed.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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I thank the Minister of State for the reply he provided on behalf of the Minister, Deputy Shatter. I am, however, disappointed with the content of that reply. An element of the ongoing investigation is based on a principle that has been long discredited, namely, gardaí investigating gardaí. I accept that there is a broader remit and that gardaí are also investigating - if they are not doing so, they should be - members of the Judiciary, senior members of the political establishment, members of the medical profession and representatives of the church. All of those to whom I refer had a hand in this tragedy and the denial of justice relating to it. I would like the Minister for Justice and Equality to provide an indication as to how long he is prepared to wait for the cold case unit to conclude its inquiry into this matter.

I wish to ask a specific question in respect of the files which were stolen from the Office of the Director of Public Prosecutions, DPP, and which were subsequently retrieved by the Garda. What knowledge does the Minister for Justice and Equality have of the deal done between the State and John Traynor in the context of charges being dropped? Were the Garda detectives who visited Traynor in prison in the UK investigated by the cold case unit? These are specific questions which are of interest to anybody who has an interest in justice and truth, not just in this case but also in the context of the wider institutions of the State. Will the Minister for Justice and Equality refer the dimension of this investigation which relates to gardaí investigating gardaí to the Garda Ombudsman Commission, which can make a report to the DPP in respect of such matters?

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael)
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I agree with the Minister of State's reply in so far as the best result for Fr. Molloy's family would be to see his killer or killers convicted of the offence committee in July 1985. However, I fully agree with Deputy Creed that the delay in this case is just extraordinary. There is an old saying that "justice delayed is justice denied". Justice has been delayed to an extraordinary extent in this case. Legitimate concerns have been raised by the Molloy family with regard to the initial investigation and the subsequent trial. They are exasperated that two years after the serious crime review unit - or cold case unit - was asked to investigate this matter, there does not appear to have been much, if any, progress made. I completely agree with the Minister of State that the most positive outcome would be the conviction of those responsible. However, this inquiry cannot be allowed to go on into the future without a result being obtained. The least Fr. Molloy's family deserve is to be given some reassurance and an indication of how long the investigation is expected to continue and a timeframe as to when a report will be prepared for the Director of Public Prosecutions.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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I strongly agree with my colleagues, Deputies Creed and John Paul Phelan. I am furious with regard to the reaction of the Minister for Justice and Equality. This is a major case which has implications for many important individuals within the establishment in this State. People need to wake up to the reality of the allegations that have been made in respect of this matter. I may have missed it but did the Minister of State indicate that gardaí met Ms Gemma O'Doherty regarding this case? If not, are they going to meet her? I have heard some of the tapes relating to some of the people connected with this case. The words that come to mind in respect of those individuals are "credible" and "genuine".

Some gardaí have major concerns with regard to what happened in this case. The Minister of State referred to hard evidence and rumour. Deputies Creed, John Paul Phelan and I do not operate on the basis of rumour; we seek hard evidence. In that context, we were impressed by the evidence with which we were presented. There is a need for a commission of investigation because major establishment figures are connected with this case. There is a whiff of a major cover-up in respect of this matter.

6:40 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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On foot of concerns raised, the Garda Commissioner arranged for a detective superintendent to meet with Ms O'Doherty and family members. Following his appointment as Minister for Justice and Equality, the Minister inquired into the actions being taken by the Garda Síochána in this matter and he was advised of the position. The Minister took a personal interest in this case. I do not have the answers to some of the specific questions asked by Deputy Creed and Deputy John Paul Phelan as to the length of time allowed for this investigation. I will relay the concerns expressed by the Deputies to the Minister.

Deputy Phelan stressed that fair procedure is the foundation of any justice system and I agree with him. The Deputies are concerned that issues were not dealt with appropriately. I will convey their concerns to the Minister. The three Deputies referred to inconsistencies and allegations of a cover-up in the investigation of the case. I assure the Deputies that all the concerns raised by them will be brought to the attention of the Minister. The Minister has asked me to emphasise that he is very conscious of the distress of the relatives of Fr. Molloy. However, the position remains that the outcome of the Garda examination must be awaited before the matter is considered further.

The Minister and the Garda authorities are aware of the need to deal with this matter as expeditiously and fully as possible. They will update the family on the progress. If the Garda Síochána discovers any evidence which could lead to a criminal prosecution, a file will be submitted to the Director of Public Prosecutions. Upon receipt of the final report from the Commissioner, the Minister will be in a position to properly consider the matter further.