Dáil Éireann debate -
Tuesday, 2 Jul 1996

Vol. 467 No. 7

Adjournment Debate. - Murder Charge Dismissal.

Mr. E. O'Keeffe

I thank the Chair for his patience at this late hour. I wish to share my time with Deputies Hugh Byrne and Batt O'Keeffe.

People are bewildered and frightened by the outcome of a recent murder trial which is serious. Monstrous crime must be taken out of the system and, surely, in 1996 the powers of the State should be expected to co-operate fully with each other in denying liberty and freedom to those engaged in monstrous crime.

The Director of Public Prosecutions has a role in having the case referred to the Supreme Court. I understand it is normal practice for the DPP to review judicial decisions. He has all the legal expertise available to him and should immediately set about a review.

I am also reliably informed that the Office of the Director of Public Prosecutions had this case on hand for quite some time. I do not want to question the Office of the Director of Public Prosecution about its slowness in bringing this case to trial. If more staff are needed they should be immediately recruited by the Department of Justice.

For up to three weeks we read in the papers about the slowness of the investigation by the Garda Síochána of this tedious and difficult case. The Garda has been unfairly criticised, and few people believe they were trying to subvert the course of justice. I do not know the gardaí involved but people in the community in which they reside tell me they have the highest regard for them and were delighted at their success in bringing this case to court.

The relatives of the victims in this case must not be forgotten, or the trauma they endured while waiting to hear of their loved ones. It is terrible that monstrous people can road free in one of the most civilised countries in the western world.

Every day we are told that it is time we moved against the criminals. Here is a perfect example of a monster walking free. Cases like this damage confidence in the Judiciary and the Garda Síochána. We must not forget the strain they put on the Garda and the frustration and disillusionment gardaí suffered because of this case. The Garda, as a group work ably and forcefully in our community with their hands and little or no equipment. Gardaí need all the help and assistance they can get. I sympathise greatly with them and suggest that every assistance be given to them.

Mr. H. Byrne

The magnitude of this case is unbelievable and calls for the Director of Public Prosecutions to apply to the Supreme Court immediately to reopen the investigation into this case. We are all aware of what happened. The family of one of the victims, the O'Brien family from Kilmore in County Wexford, want to being this tragic affair to a conclusion. They want to know where their son's body is, and to bring him home for burial. That is a reasonable request.

This murderer also butchered the body, having committed murder. In the course of the court case the defending barrister, in a legal sleight of hand to divert attention from the real issue, said that a message must be sent to the Garda Síochána regarding sloppy investigation. I am not so sure that the Garda Síochána were sloppy in their approach. I am happy the Garda performed well with their hands literally tied behind their backs. The judge, unfortunately, fell for this sleight of hand and swallowed the tactic hook, line and sinker.

An Ceann Comhairle

I would advise the Deputies concerned that decisions or judgments by a duly constituted court cannot be subjected to review or discussion or reflection in this House. This House is not a judicial body and I would ask Members to be very careful before they criticise the courts and judges. We are separate in every respect.

Mr. H. Byrne

What message was sent to the criminal as a result of this? What message was sent to the victim's family? Are the people involved in that case satisfied that justice has been served now that the accused is roaming the streets? It is incumbent on the Minister to ask the Director of Public Prosecutions to reopen that case immediately.

Mr. B. O'Keeffe

I was disappointed at the vehemence of the condemnation of one of the finest, most upright, responsible and meticulous members of the Garda Síochána in Cork, a member who has served in the Special Branch for many years protecting the State from subversion. It was the ultimate insult to accuse that some member of subverting evidence in court.

The question that arises is whether the defence evidence would have been admissible in any event, given that it was based on hearsay. The defence obviously played this to its maximum, and the judge decided in their favour. The problem is that the person accused of murder is walking free in the streets of Cork and there is fear among the people in that city. Is it not ironic that the person who brought the charge is now on trial together with his colleagues arising out of the judge's decision?

Unfortunately, no right of reply in court was given to that superintendent. Why does the DPP not appeal this decision? Why does the Attorney General not get involved? Surely it is fair to ask the Minister those questions given that the State would hardly have taken this case in the first place if it did not have substantial evidence. An internal inquiry is going on in the Garda Síochána at present and we will allow that inquiry to take its course. However, the Minister should show solidarity with the members of the Force and appeal this decision.

I suggest there is precedent for such an appeal. In one instance a decision of this judge was overturned by the Supreme Court.

An Ceann Comhairle

There should be no reflection on judges in this House. They are independent by virtue of the Constitution and should not be criticised or have their rulings referred to in a derogatory manner.

Mr. B. O'Keeffe

My apologies. Last week, a Cheann Comhairle, you graciously allowed me to raise a matter on the Adjournment about additional places in Cork regional technical college. They were granted this morning. My thanks to you and the Minister.

Mr. Allen

We are here to serve and oblige.

Mr. H. Byrne

There are three safe seats in Cork next time out.

Mr. Allen

I must declare a personal interest before responding to this matter because I know the Garda officers who——

Mr. B. O'Keeffe

Have been maligned.

Mr. Allen

——are being questioned. As the House will be aware the courts are independent in the exercise of their functions and accordingly I am not in a position to make any comment about the court case or the comments made. However, as regards the investigation of the case by the Garda I can state that on 24 June 1996 the Commissioner appointed a chief superintendent to investigate the circumstances surrounding the investigation, the presentation of evidence and all allegations of a criminal nature made during the course of the aborted trial. Pending the outcome of this investigation it would not be appropriate for me or the Minister for Justice to make any further comment.

The Dáil adjourned at 12.45 a.m. until 10.30 a.m. on Wednesday, 3 July 1996.