Written answers

Wednesday, 29 February 2012

Department of Justice, Equality and Defence

Criminal Prosecutions

9:00 pm

Photo of Martin FerrisMartin Ferris (Kerry North-West Limerick, Sinn Fein)
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Question 160: To ask the Minister for Justice and Equality the proportion of successful cases taken by the Garda for assault against members of the Garda before a judge (details supplied). [11846/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As the Deputy will be aware, I have no role in the investigation or prosecution of cases. It is the function of the Garda to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether a person should be prosecuted and for what criminal offence is the responsibility of the Director of Public Prosecutions, who is independent in the performance of her functions.

In relation to the Court proceedings to which you refer, the position is that 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. It is not open to me to comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings.

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