James Bannon (Longford-Westmeath, Fine Gael)
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Question 256: To ask the Minister for Justice, Equality and Law Reform the reason a serious assault (details supplied) was not fully investigated by the gardaí, nor any action taken against the assailant; and if he will make a statement on the matter. [21735/10]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda authorities that the incident referred to by the Deputy was the subject of a full Garda investigation and an investigation file was submitted to the Director of Public Prosecutions (DPP). I am further informed that the case was heard at Cavan District Court on 26 February, 2009, when the summonses against the accused were dismissed.

I have no role in the investigation, prosecution or trial of alleged offences. This is a long standing principle of our system of justice. The role of An Garda Síochána is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the DPP. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The DPP, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and/or statute law. Similarly, the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.