Joe Costello (Dublin Central, Labour)
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Question 353: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the issues raised in correspondence (details supplied); if an investigation is taking place into the alleged crime; and if he will make a statement on the matter. [36420/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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This matter has been the subject of considerable correspondence over the years and I have recently corresponded further with the person referred to by the Deputy. The Garda authorities inform me that this case was the subject of a thorough Garda investigation and a person was tried and acquitted in connection with it.

It is a matter for the gardaí to investigate reported crimes and to gather whatever evidence may be available and to submit a report on the matter to the DPP. The primary role of the DPP is to decide whether a particular person should be prosecuted and for what criminal offence. The DPP will make this decision on the basis of the Garda findings viewed against the background of common and-or statute law. As the DPP is independent in the performance of his functions, it would therefore be inappropriate for me to intervene in any way.

With regard to other matters raised in the correspondence referred to by the Deputy, they have been and are being investigated by the tribunal of inquiry into complaints concerning some gardaí of the Donegal division, the Morris tribunal.