Written answers

Thursday, 8 June 2006

Department of Justice, Equality and Law Reform

Garda Investigations

5:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 76: To ask the Minister for Justice, Equality and Law Reform if the results of the investigation by a Garda superintendent into the bringing of public order charges against a person (details supplied) will be made available to the Houses of the Oireachtas; and if he will make a statement on the matter. [22191/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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A Garda Superintendent from outside the relevant Garda Division has been appointed to examine the circumstances surrounding the arrest, charging and subsequent acquittal of the person in question. That report has not yet been received. I do not propose to publish the report when it is received but it may be possible to provide the House with further information at that time.

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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Question 77: To ask the Minister for Justice, Equality and Law Reform the status of the investigation into the circumstances leading to the death of a person (details supplied) while in Garda custody; if there will be a full and public inquiry into their death; if there is or will be an investigation into allegations of intimidation and harassment of the person's family by Gardaí; and if he will make a statement on the matter. [22193/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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A Detective Superintendent from outside the relevant Garda Division was appointed immediately after the incident to carry out a detailed investigation into all the circumstances surrounding the person in question's arrest, detention and removal to hospital. The Garda authorities submitted a file to the Director of Public Prosecutions on the matter and furnished a copy to me also. The Director issued instructions that no prosecution should ensue.

An inquest into this tragic death is ongoing at present. An inquest is an independent inquiry to ascertain the cause of death and the Coroner has statutory duties and powers, including the power to call witnesses. The Coroner cannot consider questions of civil or criminal liability. When the inquest has been completed and a verdict returned I will consider the matter further.

With regard to the recent allegations to which the Deputy refers, I have been informed by the Garda authorities that an investigation is currently underway by a Detective Superintendent from a Division outside the relevant area.

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