Bernard Durkan (Kildare North, Fine Gael)
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Question 423: To ask the Minister for Justice, Equality and Law Reform when a Garda report will issue in relation to a file appertaining to a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [18264/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that a number of incidents involving the person referred to have been investigated by An Garda Síochána and investigation files have been submitted to the Director of Public Prosecutions. A prosecution was directed on the 29 July, 2003 against the person referred to for an alleged assault pursuant to section 2 of the Non-Fatal Offences Against the Person Act, 1997, which occurred on the 14 March, 2003. He was convicted of the offence of assault on 6 September, 2004. The conviction was affirmed following an appeal.

A further prosecution was directed by the Director of Public Prosecutions on 10 February, 2005 for an offence of careless driving contrary to section 52 Road Traffic Act 1961-2002, which is alleged to have occurred on 30 August, 2004. Summonses were issued on 18 March, 2005 in respect of this prosecution. As the Garda Síochána were unable to effect service of the summons in the normal way, a decision was made to effect service by means of registered post. Following the non-appearance of the person referred to, the judge issued a bench warrant on 8 June, 2005.

Following this it came to the notice of the Garda Síochána that the person had not collected registered mail, which contained the summons. Gardaí made an application for cancellation of the arrest warrant, which was acceded to by the courts, and the warrant was cancelled on 23 August, 2005. This warrant had not been executed and no attempt had been made to execute it.

On 27 February, 2006 an application to re-issue summonses for the alleged offence of careless driving was acceded to. The summons ordered the person referred to to appear on 29 March, 2006. The service of this summons was effected on 20 March, 2006 between the hours of 7pm and 8pm when the summons was delivered, by hand, by a member of An Garda Síochána. The summons was placed in a sealed envelope, which was then placed in the person's letter-box. However, the person failed to attend court on 29 March, 2006.

The prosecution sought an adjournment of the case to 31 May, 2006, in lieu of seeking an arrest warrant. This was granted by the court. The prosecuting Garda member posted notification of this adjournment, along with a copy of the summons, to the person referred to on 3 April, 2006.

In addition, on 11 March, 2005 an incident occurred in the village of Chapelizod involving the person referred to and a neighbour. An investigation was conducted by Gardaí and a file was submitted to the Director of Public Prosecutions. On 2 September, 2005 a direction was received that the person referred to should be prosecuted for dangerous driving and the Gardaí served the summonses on the person on 26 October, 2005, which directed his attendance on 8 February, 2006. The matter was adjourned, for mention, on 17 February, 2006.

The purpose of the adjournment was to afford the person an opportunity to have legal representation and seek sanction for a video link for witnesses as they were juveniles. On 17 February, 2006 the case was further adjourned, for hearing, to the same court on 12 July, 2006. The person referred to did not attend court on 17 February, 2006.

The presiding judge ordered that the subject be notified of the new adjourned date by means of ordinary post. An Garda Síochána has complied with this order by sending a letter, dated 20 February, 2006, through the ordinary post to the person.

Gardaí are not aware of any correspondence delivered to the subject on 2-3 April, 2006 between the times referred to in Parliamentary Question No. 328 of 6 April, 2006.