Brendan Howlin (Wexford, Labour)
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Question 194: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if, in respect of the death of a person (details supplied) in County Offaly in February 2002, he has sought or received a copy of the report of the reinvestigation team; if so, the date of the request and the date on which it was received; if his attention has been drawn to the fact that in response to a number of questions put to him by RTÉ radio, the Garda Commissioner stated that there were several failings in the investigation into the person's death; if he has received an indication from the Commissioner as to the action, planned as a consequence of these failings; and if he will make a statement on the matter. [41602/06]

Brendan Howlin (Wexford, Labour)
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Question 195: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if, in respect of the death of a person (details supplied) in County Offaly in February 2002, any serving or retired members of the Garda have been interviewed by the team reinvestigating the death; if so, if disciplinary action has been taken or is planned; if the Commissioner has established the way the contents of an unsigned statement taken by the gardaí from another person and presented to the jury at the inquest into the person's death was subsequently denied in its entirety; and if he will make a statement on the matter. [41603/06]

Brendan Howlin (Wexford, Labour)
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Question 196: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if, in respect of the death of a person (details supplied) in County Offaly in February 2002, the Garda Commissioner has established the members of the Garda who are alleged to have informed the State pathologist that the person was suicidal; the reason the gardaí did not take a witness statement from the person's alleged assailant until six months after the disappearance; the reason having taken apparently contradictory witness statements from three men among the last to see the person alive, the gardaí did not re-interview the men in an attempt to reconcile these statements; and if he will make a statement on the matter. [41604/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 194 to 196, inclusive, together.

I am informed that at an inquest on 26 April, 2004 into the death of the person referred to by the Deputy, the jury brought in a verdict in accordance with the medical evidence that the cause of death was due to immersion in fresh water.

I am further informed by the Garda authorities that as a result of allegations made by the family of the person the Garda authorities examined the investigation file on the death of that person, as a result of which they decided that a Superintendent from outside the Garda District where the death took place should carry out a new investigation. This investigation is now completed and I received the findings of this investigation on 28 November, 2006. I am currently examining the findings of the report.

I understand that in the second investigation the Garda authorities did not find evidence to substantiate the allegations regarding the cause of death or the conduct of the original investigation. However, that second investigation did find that some aspects of the original investigation could have been carried out more professionally, but that these did not affect the outcome of the investigation.

In addition to the second Garda investigation, I further understand that the State Pathologist reviewed two medical opinions obtained by the family and also the post mortem findings. She did not find anything to cast doubt on the inquest's findings.

I am advised that arising from the findings of the second investigation the Assistant Garda Commissioner for the Eastern Region has been directed by the Garda Commissioner to address the issues highlighted in the report and to report on the action taken on them. In addition, he has been directed by the Garda Commissioner to have correspondence received from an RTE correspondent, including contents of a Radio interview conducted by that correspondent, examined to ascertain if the interview disclosed any new information which would warrant further investigation by the Garda authorities. I have asked for a report on the Assistant Commissioner's findings.

I also understand that the second Garda investigation file has been forwarded to the Law Officers and their directions are awaited. It would, therefore, be inappropriate for me to comment further at this stage.