Niall Collins (Limerick, Fianna Fail)
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72. To ask the Minister for Justice and Equality the steps he has taken to address concerns regarding the ongoing legal cases in view of the resignation of the Deputy State Pathologist; and if he will make a statement on the matter. [52659/13]

Niall Collins (Limerick, Fianna Fail)
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Arising from the recent departure of the Deputy State Pathologist, there has been some commentary to the effect that a number of cases before the courts that might rely on his evidence may be in jeopardy.

Alan Shatter (Dublin South, Fine Gael)
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The Deputy will appreciate that the prosecution of offences is a function which is reserved to the DPP who is fully independent in that area and it is up to her to determine how a particular prosecution should be dealt with. That being said, I have been advised generally that the resignation of Dr. Khalid Jaber from the post of Deputy State Pathologist should not prevent the prosecution of cases where he has carried out medical examinations. In this context, Dr. Jaber can be called as a witness for the prosecution to give evidence before the relevant court and I understand that he has indicated a willingness to make himself available for court proceedings. If, however, Dr. Jaber is not available, the file will, in accordance with the established practice in such matters, I am advised, be dealt with by another pathologist who will give evidence to the court.

I have also been informed that the State Pathologist, Professor Cassidy, has put the necessary operational arrangements in place to take account of the resignation of Dr. Jaber. In addition, the question of finding a replacement for him is being actively pursued by my Department and the filling of the post has been approved by the Department of Public Expenditure and Reform.

Niall Collins (Limerick, Fianna Fail)
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I wish to tease out a point. Did I hear the Minister correctly, in that Dr. Jaber has made himself available to give evidence if so required? I am unsure as to whether he is still in the jurisdiction. Should he be unavailable by virtue of nothing being in the jurisdiction, is it the case that Professor Cassidy can take the files on which he worked and present it as evidence in criminal trials?

Alan Shatter (Dublin South, Fine Gael)
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Firstly, the Deputy is right, in that I am advised that he will make himself available to give evidence. Also as I have explained, my overall understanding is that the resignation of Dr. Jaber should not prevent the prosecution of criminal cases where medical examinations have been carried out by him. There have been similar circumstances in the past. The Deputy will recall how Dr. Harbison became unwell at a time when there were cases pending and was not in a position to give evidence.

I am advised that those matters were dealt with and addressed. Obviously, my response to the Deputy is based on the advice I received from inquiries made. I have no reason at present to believe the trials will not proceed appropriately, nor have I any reason to believe that Dr. Jabbar will fail to appear in cases to which he is relevant. However, that is an issue to be considered and addressed by Dr. Cassidy and the DPP, and I am advised that matters are in hand.