Billy Timmins (Wicklow, Fine Gael)
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Question 278: To ask the Minister for Justice, Equality and Law Reform the position of a person (details supplied) in County Wicklow; if there is financial assistance available to them; when their car will be returned; and if he will make a statement on the matter. [20019/09]

Dermot Ahern (Louth, Fianna Fail)
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I understand from the Garda authorities that the vehicle of the person referred to, which had been stolen, was identified as being involved in a serious crime. The vehicle is being retained for evidential purposes in accordance with legislation and has been technically and forensically examined.

Both the High and Supreme Court have determined that An Garda Síochána, as a police force, has both a right and a duty to take possession of and retain any evidence which may affect the guilt or innocence of an accused person. The purpose relates to due process and the administration of justice. It follows that this duty must be exercised in an impartial manner and not for the sole advancement of one side.

As the vehicle in this case is critical evidence in the investigation of this crime the practice is that notice must be served on those persons suspected of involvement in this crime, to allow independent examination of the vehicle, prior to the return of the vehicle to its owner. The Garda authorities therefore are not in a position at this stage to give an indication of when that might be.

Unfortunately, for the person concerned in this case there is no scheme of financial assistance for innocent third parties where property has to be retained for evidential purposes. However, the matter has been raised on a number of occasions and the issue of the retention of property as evidence in such cases is currently the subject of correspondence between the Garda authorities, my Department and the Office of the Attorney General to see if anything can be done to speed up the return of property once it has been forensically examined.