The need for a judicial inquiry into the death of Father Niall Molloy.
Deputies John Paul Phelan, Finian McGrath, Michael Creed.
Opening remarks on behalf of Minister Shatter, delivered by Minister of State Paul Kehoe:
I would like to thank the Deputies for raising this matter. I am speaking on behalf of the Minister for Justice and Equality who is unable to be present due to other business.
The Minister is fully aware of the concerns which have been expressed concerning the death of Father Niall Molloy and he sympathises greatly with the Molloy family. I am sure Deputies will join with me in also expressing sympathy to other families down the years whose loved ones were killed and where the perpetrators have not been brought to justice.
The Minister has previously set out for this House the background to the Father Molloy case and the most recent developments with respect to the Garda examination of the issues raised by Father Molloy’s family and others, in particular Ms. Gemma O’Doherty, writing for the Irish Independent.
In summary, on foot of the concerns raised, the Garda Commissioner arranged for a Detective Superintendent to meet with Ms. O’Doherty, as well as with family members. The purpose of this was to facilitate an assessment of whether there was any evidence which was not available to the original investigation team and if further investigation was required in this case. Shortly following the Minister’s appointment he enquired into the steps being taken by An Garda Síochána and was advised of the position. He has at all times emphasised the importance of all relevant matters being thoroughly examined and investigated.
The position is that this examination remains ongoing. The Garda authorities have indicated that during the course of the examination additional information has been provided to the investigating Gardaí identifying further lines of inquiry which have had had to be followed up. The Garda Commissioner has assured the Minister that each and every one of these lines of inquiry is being or will be pursued. The Minister also understands that the officers carrying out the examination are continuing to keep Fr. Molloy’s family members updated on progress.
The Minister is well aware of course of the many issues of concern which have been raised in the public domain surrounding the circumstances of Father Molloy’s death and the context in which some form of inquiry has been considered desirable. But what needs to be considered first and foremost at present is that the matters at the heart of the Garda examination relate to potential criminal liability and, in that context, possible charges.
The best form of justice for the Fr. Molloy’s family would be for anyone who has any criminal liability in relation to his tragic death to be brought to account through facing charges. In the Minister’s view it would be deeply inappropriate to do anything which could prejudice the possibility of that happening. It is also of crucial importance that the Gardaí receive the fullest co-operation from any individual who can provide any information of relevance to the enquires being conducted.
In any case where criminal behaviour is suspected it is only through a Garda investigation, and where evidence of criminal wrongdoing is available, through the submission of a file by the Gardaí to the Director of Public Prosecutions, that persons can be brought fully to account before the Courts. A commission or judicial investigation, or journalistic inquiries, cannot do this, nor can any other type of review, no matter how thorough or independent.
Whatever questions there may be about the original investigation, people should not prejudge the outcome of the current Garda examination. That examination, in the Minister’s view, must be allowed to proceed unhindered and he has been assured by the Garda Commissioner that all relevant evidence will be fully pursued, wherever it may lead. The House will appreciate that, ultimately, a criminal prosecution has to be based on hard evidence, not rumour, speculation or conjecture. The Garda examination has not been completed and, accordingly, any media or other reports of its findings are, of their nature, speculative.
In making these points, I want to make it clear that the Minister’s commitment to reviewing the situation when he receives a final report from the Garda Commissioner remains firmly in place. Against that background I hope the House can accept that we all share the desire to see justice done as much as possible in this case. The Minister has tried to set out why, in the first instance, the best chance to achieve this lies with allowing the current Garda examination to proceed.