Paul McGrath (Westmeath, Fine Gael)
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Question 365: To ask the Minister for Justice, Equality and Law Reform if he will investigate the case of a person (details supplied); and if he will make a statement on the matter. [13134/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that a comprehensive investigation was conducted into the case mentioned in the Deputy's question. I am further informed that a file was sent to the Director of Public Prosecutions, DPP, in August 2002. However, the DPP directed that no prosecution would ensue in this case.

As the Deputy will appreciate, I have no role in the investigation or prosecution of cases. This is a long-standing principle of our system of justice. The role of the Garda is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and-or statute law. In the circumstances it would, therefore, be inappropriate for me to comment further on the case.