Seanad debates

Tuesday, 6 March 2012

2:30 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I rise to raise the decision last week in the Bailey case in the Supreme Court. At the outset I welcome the Ombudsman's decision to seek a second report into the activity of gardaĆ­ on the case. However, I have other concerns. The Minister should attend the House or comment publicly on the reason a direction by the Director of Public Prosecutions, DPP, more than ten years ago about there being insufficient evidence to prosecute the case was not acted upon and was left in abeyance.

There seems to have been a major issue with the propriety of the European arrest warrant, yet the Department of Justice and Equality was willing to act on it. Were it not for the DPP's intervention and information being made available, the Supreme Court would have been left in the dark.

I live in the area. The people of Schull, Mizen and Goleen wonder at the total disregard of the public's views by the DPP and various justice Ministers. The public was given the false impression that the Garda had its man, allaying people's fears. However, a vicious murderer is still at large. A woman on her own was battered to death the day before Christmas Eve 15 or 16 years ago. Why is it only coming out now that the Garda does not have its man? These issues should be addressed.

The report by the Ombudsman only deals with one aspect of this unusual and groundbreaking case, which went as far as the Supreme Court. The Minister, Deputy Shatter, must take responsibility for the European arrest warrant. After ten years, the DPP released information that should have been made public years beforehand. The public was sold a pup. The fears of the community must be taken into account.

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