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Dáil
‹ Leaders' Questions

Fr Niall Molloy murder investigation

Summary

Mattie McGrath calls for action over alleged institutional failings and the unresolved 1985 murder of Fr. Niall Molloy, citing demands for an independent inquiry. The Taoiseach declines to commit immediately but will refer the allegations to the Minister for Justice for consideration.

I highlight an issue fundamental to the pursuit of justice in this country in 2013. There is an ongoing scandal surrounding the unsolved murder of a hugely popular parish priest, Fr. Niall Molloy, in 1985. The case has remained controversial and there has been unhappiness and unease about it through several Governments for three decades. All of the evidence points to a high level cover up, involving all of the institutions of the State, including, sadly, elements of An Garda Síochána, the Judiciary, politicians, the health service and the Catholic Church. The main point is that we want to get to the bottom of this sordid affair. Fr. Niall Molloy was beaten to death and left bleeding for up to six hours, according to an independent neuropathologist who examined his brain. Dermot Hourihane, a former professor of pathology at Trinity College Dublin and St. James's Hospital, spoke to anyone who wanted to listen to him last week in the audiovisual room. He left us in no doubt about his findings and those of his senior and eminent colleagues. Fr. Niall Molloy's watch was cracked and stopped at 10.40 p.m., but the Garda was not contacted until 3.15 a.m. the following morning. What happened during these vital hours?

By all accounts, the first Garda investigation was a total shambles. Vital evidence was contaminated and important witnesses were never interviewed. At the first inquest the Garda contradicted the State pathologist. The trial judge, the late Mr. Justice Frank Roe, was a friend of the Flynn family.

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Seán Barrett An Ceann Comhairle Fine Gael

There is no need to go into this stuff.

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These are not my words.

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Seán Barrett An Ceann Comhairle Fine Gael

We do not know, do we?

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We do know-----

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Seán Barrett An Ceann Comhairle Fine Gael

Please, Deputy, stick to your case and ask the question.

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He directed the jury to acquit the defendant, thereby causing the case to collapse after four hours. He also wrote to the DPP, which was very unwise for any man in that position. It gets worse. The General - Martin Cahill - broke into the DPP's office.

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Seán Barrett An Ceann Comhairle Fine Gael

Please put your question.

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I am putting my question. He stole a file. The Garda did some kind of deal with him to get it back because it contained information that would be embarrassing to the State.

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Seán Barrett An Ceann Comhairle Fine Gael

The Deputy is making serious allegations against a number of people.

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They are serious allegations.

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Seán Barrett An Ceann Comhairle Fine Gael

This is Leaders' Questions.

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Seán Barrett An Ceann Comhairle Fine Gael

The Deputy is supposed to put a question to the Taoiseach.

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I am putting my question to the leader of our country, the Taoiseach, who occupies the highest office in the land. His Minister for Justice and Equality, Deputy Shatter, committed to holding an independent inquiry on this sordid affair while he was in opposition, as did the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, when he was justice spokesperson for the Labour Party. It is a serious affair, and the Taoiseach and the Minister for Justice and Equality, who is abroad, will have to deal with it because it is a disquieting situation that cannot be allowed to continue. I ask the Taoiseach whether he will hold an independent inquiry. I am not speaking about a tribunal. I seek a short, sharp independent inquiry of low cost that can get to the facts. I salute the journalists who brought this issue to our attention and are continuing their inquiries. Will the Taoiseach hold an independent inquiry? The chairman of his own party has written to him to request one.

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Enda Kenny The Taoiseach Fine Gael

I recall this incident. I read about it and have received some correspondence in respect of it in the past. As an Opposition Deputy, the Minister for Justice and Equality had a particular interest in some aspects of it. Deputy Mattie McGrath outlined certain features of the death of Fr. Molloy. This is a serious matter and I am not going to comment further on it other than to say that I will bring the facts raised by the Deputy to the attention of the Minister on his return. I am not going to commit to an independent inquiry without a full analysis by the Minister. This is not a matter to be treated lightly.

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It is not a matter to be treated lightly and I do not stand up lightly to raise it. It is a matter of huge disquiet to the population at large. Our justice system, An Garda Síochána and the institutions of the State must be held in the highest of esteem and put above reproach. I thank the Taoiseach for indicating that he will bring the matter to the attention of the Minister for Justice and Equality, but he is well aware of the facts, as is the Minister, Deputy Rabbitte, and every other Deputy or Minister who cares to find out. The current cold case investigation has been dragging on for almost two and a half years. That is not fair. The Garda Commissioner, Mr. Martin Callinan, has been refusing to answer questions for the past year. There is too much unease and too much time has been lost. The parishioners and family of the late Fr. Molloy and all involved need answers to be brought to light by an independent commission of inquiry. I hope I will hear an announcement to that effect from the Cabinet when the Minister returns and the matter has been discussed. The chairman of the Fine Gael Party, Deputy Charles Flanagan, has written to the Taoiseach and has spoken out on the matter. It is very serious. A mountain of evidence has come to light and we know a lot of things we did not know previously. I salute the late Veronica Guerin and Gemma O'Doherty for pursuing this case, as well as the many other journalists who have dared to write about it. It is vital, in this time of debating banks and repossessions, that we have faith in our justice system and the institutions of the State. Things are at a low ebb but this is an opportunity for the Taoiseach to be the leader of the country and put this sordid matter to bed. We all look forward to that.

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Enda Kenny The Taoiseach Fine Gael

The Minister for Justice and Equality has many more matters of relevance at his disposal than I have. I will ask him to reflect on the situation and advise us in due course.

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