Michael Ring (Mayo, Fine Gael) | Oireachtas source

I thank the Senator for raising this matter which I am taking on behalf of the Minister for Justice and Equality who is unable to be present because of other business. However, he is fully aware of the concerns expressed about the death of Fr. Niall Molloy and sympathises greatly with the Molloy family.

Fr. Molloy's death was the subject of an investigation by An Garda Síochána which resulted in the submission of an investigation file to the law officers who directed that a person be charged with manslaughter and assault occasioning actual bodily harm. At the subsequent trial, in June 1986, directions to acquit were given by the judge. The circumstances of Fr. Molloy's death gave rise to considerable public concern at the time and the Minister appreciates that the family has sought answers ever since as to how its well loved relative met his death. I am sure Senators will join me in also expressing sympathy to other families during the years whose loved ones were killed and where the perpetrators were never brought to justice.

Most recently the concerns raised surrounding the death of Fr. Molloy found expression in the publication of a newspaper article in October 2010, accompanied by strong representations made by the family. It is important that we acknowledge, in particular, the journalistic work of Ms Gemma O'Doherty in unearthing information on the case for the Irish Independent. On foot of this development, the Garda Commissioner arranged for a detective superintendent to meet Ms O'Doherty, as the author of the article, as well as family members.

The purpose of this was to facilitate an assessment of whether there was any evidence that was not available to the original investigation team and whether further investigation was required in the case. Shortly after the Minister's appointment, he 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. This examination is ongoing and the Minster is receiving regular updates from the Commissioner. The Garda authorities have indicated that during the examination additional information was provided to the investigating gardaí identifying 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 raised in the public domain surrounding the circumstances of Fr. Molloy's death and the context in which some form of inquiry has been considered desirable, but what needs to be considered first and foremost is that the matters at the heart of the Garda examination relate to potential criminal liability and, in that context, possible charges. It is important, therefore, that nothing is said or done which could prejudice or be seen to prejudice criminal proceedings. Moreover, in any case in which 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. This cannot be done by a commission of investigation, through journalistic inquiries or by any other type of review, no matter how thorough or independent.

The best form of justice for the Molloy family would be for anyone who has criminal liability in 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 receives the fullest co-operation from any individual who can provide information of relevance to the inquires being conducted. Whatever questions there may be about the original investigation, people should not prejudge the outcome of the current Garda examination. That examination, in the Minister's view, must be allowed to proceed unhindered, and he has been assured by the Garda Commissioner that all relevant evidence will be fully pursued, wherever it may lead. The House will appreciate that ultimately a criminal prosecution must be based on hard evidence, not rumour, speculation or conjecture. The Garda examination has not been completed and, accordingly, any media reports of its findings are, of their nature, speculative.

I would like 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 as much as possible in this case. I have tried to set out why, in the first instance, the best chance of achieving this lies with allowing the current Garda examination to proceed.