Statement on Extradition case
Today's Sunday Business Post carries a story under the completely
misleading headline 'Government tried to conceal key parts of Bailey case
investigation'.
Minister Shatter has already indicated that upon the existence of
documentation which emerged from the Office of the Director of Public
Prosecutions being brought to the attention of the Attorney General and the
Minister arrangements were made to furnish it to the solicitors and counsel
representing all sides in the proceedings before the Supreme Court and to
the relevant French authorities.
In furnishing documentation the Central Authority in the Department, on the
advice of the Attorney General, pointed out that an analysis prepared in
the Office of the Director of Public Prosecutions impacted upon the good
name and reputation of a significant number of individuals and there had
not been an opportunity to put in place any mechanism to allow third
parties whose good names and reputations might be deleteriously affected to
make representations. The Central Authority, on the advice of the
Attorney, indicated that in the light of the very significant impact which
publication of information relating to the third parties mentioned could
have upon them and, in the light of the fact that they had not been
afforded any mechanism for answering conclusions reached, information
relating to third parties should not be put into the public domain.
This was clearly necessary to protect the Constitutional rights of third
parties. It did not, of course, preclude the use of the material in court
proceedings by legal representatives of Mr. Bailey.
As the Minister has already indicated, he understands that the issues
raised in the documentation subsequently formed the basis of a complaint
made on behalf of Mr Bailey which the Garda Siochana Ombudsman Commission
are investigating.