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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Bunratty (Clare) Death.

Garda proceedings and evidence in the Nugent case

Summary

Daly asks about the status and timing of Garda disciplinary proceedings. Dukes says they are under way and concern possible breaches of Garda regulations, not Nugent’s death, and that he should not intervene. Mac Giolla presses for disclosure of allegedly suppressed evidence; Dukes says the available investigative and legal processes have already examined the matter, but he will review it if the disciplinary proceedings produce relevant new material.

Perhaps then, the Minister can tell me what the present situation is regarding the internal Garda investigation, the disciplinary proceedings etc? What stage have they reached? When are they likely to be completed? Have charges been brought against some people involved in this incident? Could he expedite the matter in order to be fair to everybody involved in this tragedy?

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The first part of the Deputy's question, as the Chair has indicated is a separate matter.

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Separate for whom?

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It is a separate matter. It does not arise on the question before the House at the moment.

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Does it not refer to the Minister?

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It does not arise on the matter before the House.

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It arises, in any case, on the whole subject.

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It is part of the jury verdict.

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I am sorry. The matter does not arise in the context of the question that I am answering.

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Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

I have ruled already.

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If a Deputy wants to ask about that, by all means let us have a separate question on the matter. As far as the Garda inquiry——

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A Cheann Comhairle, on a point of order——

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I think I should answer one question before the Deputy asks another.

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——the question refers to the holding of an inquiry into this matter and asks if the Minister would make a statement on the matter.

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Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

That does not cover everything.

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There are only two items in it.

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Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

If the making of a statement on the matter is thrown in for good measure and in the hope that it will open up anything and everything, it does not.

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The Minister has available the jury verdict.

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Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

The Minister to reply, please.

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With regard to the second part of Deputy Daly's question referring to the Garda investigation, as I pointed out in my original answer, disciplinary proceedings are under way at the moment. I have no function in those proceedings; they are a matter for the Garda authorities. I would think it absolutely improper for me to intervene in any way in what is an internal Garda inquiry.

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But the Minister must——

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Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

Order, please, I appeal to Deputies to make their questions short——

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If the Government had turned up in time we would have had more time.

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Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

——and not be making long statements. I call on Deputy Mac Giolla.

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Does the Minister accept that evidence was suppressed at the coroner's inquest?

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I cannot give an opinion on that. The jury at the coroner's inquest, having considered all that was put before them, expressed the view——

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Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

I cannot allow the Minister to make a speech.

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If the Deputy will not wait for me to answer his question, there is not much point in this.

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Is he in favour of the findings at the coroner's inquest?

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The jury expressed the view that there was supression of evidence. I have given it as my view that as we have had a Garda investigation, a criminal trial and an inquest, I do not think any further investigation would be likely to bring forward new material which could be the basis of further steps. I have also said that if from the Garda disciplinary proceedings currently going on, any new or relevant material emerges, I shall look again at the matter.

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Could the Minister give us any indication——

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If evidence was suppressed at the coroner's inquest it should be disclosed. What steps does the Minister propose to take to see that the evidence which possibly was suppressed is publicised, in the interests of the family, since the jury also said in their rider: "It is the duty of the State to vindicate his life and good name in accordance with the provisions of Article 40 of the Constitution." How does the Minister propose to have this evidence publicly disclosed in the interests of young Patrick Nugent?

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If any evidence was suppressed — and I cannot give a view on that — it has been so suppressed through, as I have said several times, a Garda investigation, a criminal trial and an inquest. Those are the instruments and the procedures available to us for bringing out the evidence in cases like this.

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Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

I am calling on Deputy O'Dea.

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Are the disciplinary proceedings taking place at the moment against certain members of the Garda arising out of the facts which emerged from the criminal trial or out of an internal Garda inquiry?

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As I said in my original answer, the disciplinary proceedings will be primarily directed towards the question of whether or not there were breaches of regulations by individual gardaí. They are not concerned with the death of Mr. Nugent.

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Does that include the jury's verdict?

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The Minister has not answered my question. Can he tell me whether there was an internal Garda inquiry into this matter?

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I should hope there was.

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I have already said in the original answer, on the first line: "This case has already been the subject of a Garda investigation, a criminal trial and a coroner's inquest."

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An investigation?

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I think that answers the question.

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I think it does not.

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