Billy Timmins (Wicklow, Fine Gael)
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Question 239: To ask the Minister for Defence the discussions he has had regarding the investigation into the murder of Private P. Kelly in Leitrim 1983; and if he will make a statement on the matter. [38256/05]

Willie O'Dea (Limerick East, Fianna Fail)
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On 16 December 1983 Private Patrick Kelly was part of a joint Garda-Army cordon search of Ballinamore Wood, Ballyconnell, County Leitrim, following the kidnapping of Mr. Don Tidey. During this search Private Kelly sustained fatal gunshot injuries. I am informed by the Garda authorities that, at the time, a full-scale investigation was immediately launched, which involved the arrest of persons in connection with the kidnapping, false imprisonment and subsequent murders.

In 1998, a person was charged with false imprisonment and firearms offences. This person was subsequently successful in his application to the High Court to prohibit his trial proceeding. The order of the High Court is currently under appeal by the State to the Supreme Court. I am further informed by the Garda authorities that the investigation file remains open and as such it would be inappropriate for me to comment further on the matter. I have not had any discussions regarding the matter.