Bernard Durkan (Kildare North, Fine Gael)
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Question 60: To ask the Minister for Justice, Equality and Law Reform if prosecution against any particular organised criminals or crime gangs have been deferred for whatever reason in the past five years; and if he will make a statement on the matter. [9613/06]

Bernard Durkan (Kildare North, Fine Gael)
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Question 184: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to a situation whereby persons suspected of criminal activity in respect of which evidence exists go free due to failure to charge or prosecute; if such incidents have links to organised crime; and if he will make a statement on the matter. [9983/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 60 and 184 together.

I am sure the Deputy will appreciate that decisions in relation to the prosecution of cases are solely a matter for the Director of Public Prosecutions. The Director of Public Prosecutions is totally independent in the carrying out of his functions. Where evidence of criminality has been accumulated in any investigation into the activities of criminals, that evidence is presented to the Director of Public Prosecutions who adjudicates as to what action, if any, is to be taken. If a direction is received to charge particular persons the matter is then presented before the courts.

Deferral of such cases arises only while the matter is processed through the courts where it may be adjourned from time to time until it is disposed of. In addition, the courts may put the matter back for the payment of compensation or to review the behaviour of a defendant over a specific period of time.