Billy Timmins (Wicklow, Fine Gael)
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Question 344: To ask the Minister for Justice, Equality and Law Reform the position in relation to a person (details supplied) in County Wicklow; if financial assistance will be made available; and if he will make a statement on the matter. [36911/09]

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 having been used in a serious crime. The vehicle was retained for evidential purposes in accordance with legislation and was technically and forensically examined. It is also my understanding that the vehicle was returned to its owner on 27th July, 2009.

Both the High and Supreme Court have determined that An Garda Síochána 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.

It has always been the case that there is no scheme of financial assistance for innocent third parties where property has to be retained for evidential purposes. However, the general issue has been raised on a number of occasions and I have asked my Department, in conjunction with the Garda authorities and the Office of the Attorney General, to review arrangements for the retention of property as evidence in criminal cases.