Written answers

Tuesday, 30 May 2006

Department of Foreign Affairs

Consular Services

8:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 365: To ask the Minister for Foreign Affairs the position regarding the case of a person (details supplied) in England; and if he will raise this issue with the relevant authorities. [20383/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person in question was charged in July 2000. I am aware that, since his trial, he has claimed that he was pressured by his legal team on the day of his trial to change his earlier plea of 'innocent' to one of 'guilty' and that he was informed that if he did not do so he would receive thirty years without parole. He further claims that forensic evidence exists which, if examined, would exonerate him and he remains adamant that if he received a retrial he would be found innocent.

The person has engaged a well-known firm of solicitors. As I am sure the Deputy will appreciate, they are best placed to advise on the options open to avail of appeal procedures in the British Judicial system. There is also an independent body in Britain, the Criminal Cases Review Commission, which has the power to review, and supervise investigations into, possible miscarriages of justice. My Department understands however that, unless there are exceptional circumstances, the Commission is not empowered to consider cases until the normal court appeal system has been exhausted.

The Department of Justice, Equality and Law Reform has advised that a formal application for transfer to a prison in this jurisdiction, under the Council of Europe Convention on the Transfer of Sentenced Persons, in respect of this individual has been received recently from the British authorities. Various reports have been sought by that Department from bodies in this jurisdiction concerning the application, and the current position in this regard is that one report is still awaited. I understand that the Minister for Justice, Equality and Law Reform would expect, upon receipt of this report, to be in a position to make a decision on the application.

A diplomatic officer of the Irish Embassy in London has visited this person on several occasions. The most recent visit was on 11 March 2006. The Embassy remains in contact with the prison authorities and raises any issues of concern to the person.

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