Jerry Cowley (Mayo, Independent)
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Question 63: To ask the Minister for Justice, Equality and Law Reform the reason for the irregularities in the reporting of a fatal accident involving a person (details supplied); the further reason for the failure to preserve the scene of the accident, the interference with the scene of the accident and failure in the past to investigate the cause of the accident; and if he will make a statement on the matter. [3572/06]

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

I am informed by the Garda authorities that the accident referred to had not been reported to the Garda Síochána but that the district patrol car came upon the scene of the accident. From inquiries made at the scene it was established that a person had been removed to hospital. Some preliminary measurements were taken at the scene by the Garda Síochána. There was no indication as to the seriousness of the accident and, as a consequence, the scene was not preserved. By the time it became apparent that the accident had resulted in a fatality, the scene had been contaminated by other vehicular traffic and onlookers.

An investigation file was completed and submitted to the Director of Public Prosecutions, DPP. On 4 October 2001, the DPP directed that no prosecution take place in this case. I am further informed by the Garda authorities that a review of the investigation is being conducted and the issues raised by the Deputy will form part of the review.