Written answers

Tuesday, 9 June 2015

Department of Justice and Equality

Garda Misconduct Allegations

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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579. To ask the Minister for Justice and Equality if the closed-circuit television footage available relating to the alleged assault and death of a person (details supplied) in 2002 at Portlaoise Garda Station will be made available to the family's legal team, or if the footage can be viewed by the family's legal team; if she will outline the regulations, protocols or legislation that allows the Garda or the State to withhold such information; and if she will make a statement on the matter. [22149/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The examination of any evidence in the context of a criminal investigation is an operational matter for the Garda Commissioner. I have no function in this regard and accordingly it would not be appropriate for me to comment.

I can however advise that the particular case to which the Deputy refers is amongst those being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, or other public representatives with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two Senior and five Junior Counsel, all selected on the basis of their experience of the criminal justice system, was established for the purpose.

I have already indicated that I have decided to appoint a former judicial figure to advise on the preparation of notification letters to those whose cases were referred to the Panel in relation to the recommendations made by counsel. Retired High Court Judge Mr Justice Roderick Murphy has agreed to undertake this task.

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