Written answers

Tuesday, 12 April 2005

Department of Justice, Equality and Law Reform

Garda Investigations

9:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 83: To ask the Minister for Justice, Equality and Law Reform if he has raised or will raise the issue of the strong evidence of British security forces collusion in the murder of Donegal County Councillor Eddie Fullerton. [10852/05]

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Question 101: To ask the Minister for Justice, Equality and Law Reform if he will raise with the British authorities the lack of full co-operation from the PSNI in relation to the reinvestigation of the murder of Donegal County Councillor Eddie Fullerton. [10850/05]

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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Question 106: To ask the Minister for Justice, Equality and Law Reform his views on whether the murder of an Irish elected representative, Donegal County Councillor Mr. Eddie Fullerton, demands a full public inquiry. [10851/05]

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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Question 109: To ask the Minister for Justice, Equality and Law Reform his views on the questions regarding the Garda investigation into the murder of Donegal County Councillor Mr. Eddie Fullerton arising out of the TG4 documentary, Fullerton; including the failure to question suspects and a key witness. [10849/05]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 110: To ask the Minister for Justice, Equality and Law Reform if he has received a report from the Garda Síochána regarding the re-examination of the Garda investigation into the murder of Donegal County Councillor Eddie Fullerton which was completed in 2004; if not, the reason for the delay; if so, when he intends to publish its contents. [10853/05]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 757: To ask the Minister for Justice, Equality and Law Reform his views on the opinion of the British Labour MP and former spokesperson on Northern Ireland, Kevin McNamara, that the matter of the murder of Mr. Eddie Fullerton should be vigorously pursued by both the RUC and the gardaí and not left to gather dust, in view of the claim made in a TG4 documentary that the Garda Síochána's attention had not been drawn to the existence of a key witness until recently, and that even after having completed their re-examination, the gardaí still do not know the identity of the garda whom the witness claimed he met; and the steps he plans to take in this regard. [10908/05]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 758: To ask the Minister for Justice, Equality and Law Reform if he received a report from the Garda Síochána in relation to the re-examination carried out by the gardaí at his behest into the Garda original investigation of the murder of Donegal County Councillor Eddie Fullerton; and if so, when he intends to publish its contents. [10909/05]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 759: To ask the Minister for Justice, Equality and Law Reform if he has not received a report on the matter of the murder of Mr. Eddie Fullerton, considering the recently aired TG4 documentary on the matter stated that the Fullerton family had been informed last year that the gardaí had completed their re-examination; and the reason for this delay. [10910/05]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 760: To ask the Minister for Justice, Equality and Law Reform his views on the claim made by a documentary by TG4 that Garda sources had informed it that the gardaí were not receiving full co-operation from the PSNI in relation to the inquiry into the case of Mr. Eddie Fullerton; and when he will raise this matter with the British authorities. [10911/05]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 761: To ask the Minister for Justice, Equality and Law Reform when he intends to raise the case of Mr. Eddie Fullerton with the British Government. [10912/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 83, 101, 106, 109, 110 and 757 to 761, inclusive, together.

I would first like to state unequivocally my abhorrence at the murder of Mr. Eddie Fullerton, then Sinn Féin councillor on Donegal County Council, on the morning of 25 May 1991. The attack was callous and cold-blooded, and it also involved the taking hostage of another family in Buncrana. The so-called Ulster Freedom Fighters subsequently claimed responsibility for the murder. Unfortunately, to date, no person has been made amenable for this appalling crime.

In June 2003, solicitors acting on behalf of the family of the late Mr. Fullerton submitted to me what was described as a 'preliminary memorandum' setting out the concerns of the family in relation to the murder and the ensuing investigations and calling for an inquiry into the matter. These concerns had, to some extent, already been raised directly with the Garda Síochána in April 2002.

In any event, I referred the submitted memorandum to the Garda Commissioner. In response, the Commissioner directed the establishment of a review team led by a chief superintendent to conduct a thorough and concise investigation into all matters of concern raised, inter alia, either directly with the Garda authorities or as part of the memorandum submitted by the Fullerton family's solicitors.

The Garda review is drawing to a conclusion. Outstanding matters relate to the awaited results of a mutual assistance request to the British authorities and certain police-to-police inquiries with the Police Service of Northern Ireland.

I am recently in receipt of a report from the Garda authorities on the current, incomplete status of the review. However, no final conclusions can be drawn until such time as replies from the British and Northern Ireland authorities are received, evaluated and acted upon, as appropriate, by the Garda Síochána. Nevertheless, I can state that the Garda review itself was extensive, involving the taking of more than 150 statements and the interview of more than 120 people, including a person characterised by the Fullerton family's solicitors as being a new, key witness.

I do not intend to publish the Garda report which I recently received. However, as soon as all outstanding matters are clarified by the Garda Síochána upon the receipt of responses from the British and Northern Ireland authorities, I have already undertaken to contact the Fullerton family's solicitors with a full response to their concerns, including any action that I deem appropriate or necessary by way of further investigation or inquiry.

I should add that I have no reason to believe — nor have I received any indication — that either the British or Northern Ireland authorities have failed or will fail to co-operate with the requests made of them.

It should be noted that the Garda chief superintendent in charge of the review met the Fullerton family and their solicitors last December to provide them with an up-to-date briefing on developments with the review.

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