Written answers

Tuesday, 26 May 2015

Department of Justice and Equality

Wrongful Convictions

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Independent)
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124. To ask the Minister for Justice and Equality her views that the wrongful conviction of a person (details supplied) was a result of deliberate steps taken by the prosecution to withhold information; and if she will make a statement on the matter. [19363/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, on 1 April I announced that the Government had decided to advise the President to exercise his right of pardon under Article 13.6 of the Constitution in respect of the conviction in 1941 of Mr. Harry Gleeson for the murder of Ms. Mary McCarthy.

Concerns had been raised over many years in relation to Mr Gleeson's conviction. Most recently, on foot of a submission from the Innocence Project Ireland and the Justice for Harry Gleeson Group, the Attorney General directed that the case be reviewed by Mr. Shane Murphy SC. Mr. Murphy concluded that, in his opinion, there were deficiencies in the conviction such as to render it unsafe. The Attorney concurred with this assessment, and advised that the deficiencies were such as to warrant the Government recommending to the President that he exercise his right of pardon.

Mr Murphy detailed a number of factors which led to him forming his opinion, including the failure by the prosecution to introduce particular evidence, and these are set out in detail in the statement which I issued.

It is important that I clarify that the examination carried out by Mr. Murphy was not intended to be an inquiry designed to establish all of the facts surrounding the conviction of Mr.Gleeson or indeed the murder of Ms. McCarthy. The intention in carrying out the examination was focused on determining whether a case had been made for a pardon. Accordingly, coming to a determination in relation to the motivation of any of the persons involved in the prosecution or investigation was not within the scope of the process, nor would such an exercise be warranted or feasible at this considerable remove.

As I stated when I announced the Government's decision in relation to the Presidential pardon, it is a matter of the very greatest regret that a man was convicted and executed in these circumstances. In deciding to recommend Mr Gleeson's pardon the Government is exercising the only available remedy which is to clear his name in the hope that this provides some suitable tribute to his memory. Equally the Government regrets that this leaves unresolved the murder of Ms McCarthy, which deprived her young family of their mother. The Government has expressed its sympathy with both families and all affected by this crime and the subsequent conviction.

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