Written answers
Tuesday, 9 May 2006
Department of Justice, Equality and Law Reform
Garda Investigations
9:00 pm
Olivia Mitchell (Dublin South, Fine Gael)
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Question 330: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the details of the death of a person (details supplied); if his attention has further been drawn to the serious concerns of the person's family have regarding the Garda investigation and the Director of Public Prosecution's consideration of the case; if, in view of the fact that a conviction of second degree assault resulting in a €250 fine was the only conviction arising from the incident he has satisfied himself that the incident was properly investigated and prosecuted. [17086/06]
Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the death of the person referred to was fully investigated. The investigation file was submitted to the Director of Public Prosecutions who directed that a person be charged with an offence contrary to section 3 of the Non-Fatal Offences against the Person Act, 1997.
In December, 2003 the person charged pleaded guilty to an offence contrary to section 2 of the Non-Fatal Offences against the Person Act, 1997 and was fined €250.
In March, 2004, as a result of the evidence of the State Pathologist, the Dublin City Coroner re-submitted the investigation file to the Law Officers and the Director of Public Prosecutions stood by the original decision in the case.
I am informed that local Garda management and the investigating officers have met the family of the deceased person and discussed these matters with them.
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