Joe Costello (Dublin Central, Labour)
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Question 492: To ask the Minister for Justice, Equality and Law Reform if the Garda has conducted an investigation into the death of a person (details supplied); if so, the nature and outcome of the investigation; and if he will make a statement on the matter. [32416/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I have received representations regarding this matter and I have corresponded directly with the family.

I have been informed by the Garda authorities that the gardaí investigated this fatal road traffic accident and the investigation file was submitted to the Director of Public Prosecutions. On 4 October 2001, the DPP directed that no prosecution take place 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 gardaí 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.