Jim O'Keeffe (Cork South West, Fine Gael)
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Question 206: To ask the Minister for Justice, Equality and Law Reform if he will provide details of the investigation by a Garda superintendent from outside the relevant Garda district into the death of a person (details supplied) including issues that may have been raised; and if he will make a statement on the matter. [25288/06]

Michael 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 the relevant 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.

It is necessary for the proper functioning of the Garda Siochana that the contents of a criminal investigation file be kept confidential — not least on the basis that persons who have assisted have done so on the express or implied understanding that information which they have given will be used solely for the purposes of that investigation and no other purpose. In this instance the statements have been supplied to the Coroner for the purposes of an Inquest into the death which is ongoing at present.

I have already offered financial assistance to the person's family to facilitate their legal representation at the Inquest. When the inquest has been completed and a verdict returned I will consider the matter further.