Luke Flanagan (Roscommon-South Leitrim, Independent)
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Question 52: To ask the Minister for Justice and Equality the reason the Garda has failed to investigate an allegation made against a person (details supplied) in County Clare. [30796/11]

Alan Shatter (Dublin South, Fine Gael)
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I am informed by the Garda authorities that, following a formal complaint made to An Garda Síochána, investigating gardaí searched the home of the person referred to by the Deputy under warrant in June 2010 and seized a number of items as part of their investigation. The person was subsequently arrested on suspicion of having committed an offence of harassment under section 10 of the Non-Fatal Offences Against the Person Act 1997. An investigation file was forwarded for directions to the Director of Public Prosecutions. In April 2011, the DPP directed no prosecution against the person at that stage. The person subsequently contacted investigating Gardaí seeking to have his property returned. Following review of the matter by An Garda Síochána, the property was returned in September 2011.

The person subsequently complained to the responsible Chief Superintendent in respect of the complaint originally made against him. He declined to refer his complaint to the Garda Síochána Ombudsman Commission. He requested that it be dealt with by the Chief Superintendent, who explained the nature of the complaint against him that was the subject of the Garda investigation. The Chief Superintendent responded in writing to the person on 5 October, 2011.

I am informed by the Garda authorities that local Garda management is satisfied that there is no basis for the complaints being made by the person. It remains open to the person to contact the Garda Síochána Ombudsman Commission.