Written Answers. - Judicial Appeals Procedure.

Tuesday, 22 October 1991

Dáil Éireann Debate
Vol. 411 No. 4

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  32.  Mr. S. Barrett  Information on Seán Barrett  Zoom on Seán Barrett   asked the Minister for Justice  Information on Ray Burke  Zoom on Ray Burke   if he intends introducing a procedure whereby persons who have been convicted of criminal offences and who have exhausted the normal appeals procedures can have their cases further reviewed; and if he will make a statement on the matter.

  34.  Mr. Spring  Information on Dick Spring  Zoom on Dick Spring   asked the Minister for Justice  Information on Ray Burke  Zoom on Ray Burke   if he will make a statement on the RTE programme on the Nicky Kelly case.

  68.  Mr. Gregory  Information on Tony Gregory  Zoom on Tony Gregory   asked the Minister for Justice  Information on Ray Burke  Zoom on Ray Burke   if he is concerned at certain parallels between the Nicky Kelly case and the Birmingham Six/Guilford Four cases in Great Britain; and if he will make a statement on the matter.

  71.  Mr. McCartan  Information on Patrick McCartan  Zoom on Patrick McCartan   asked the Minister for Justice  Information on Ray Burke  Zoom on Ray Burke   the progress which has been made in regard to the implementation of the recommendations of the Martin Committee especially in regard to procedures for re-opening cases where new evidence emerges, particularly in the light of new disclosures regarding the case of Nicky Kelly; and if he will make a statement on the matter.

[1131]

  76.  Mr. Garland  Information on Roger T. Garland  Zoom on Roger T. Garland   asked the Minister for Justice  Information on Ray Burke  Zoom on Ray Burke   if he will make a statement on the new evidence in the case of Nicky Kelly as outlined in the RTE "Wednesday Report" programme broadcast on Wednesday 9 October 1991; if he will outline the action he intends to take in this case having regard to the fact that all legal avenues are now closed to Nicky Kelly and to the other two who were charged with this crime; if he will consider granting a pardon in the light of the new evidence.

  158.  Mr. T. Kitt  Information on Tom Kitt  Zoom on Tom Kitt   asked the Minister for Justice  Information on Ray Burke  Zoom on Ray Burke   if he will make a statement on the case of Nicky Kelly.

  159.  Mr. Callely  Information on Ivor Callely  Zoom on Ivor Callely   asked the Minister for Justice  Information on Ray Burke  Zoom on Ray Burke   whether he intends to review the Nicky Kelly case following the recent RTE's "Wednesday Report" programme; and if he will make a statement on the matter.

Minister for Justice (Mr. Burke): Information on Ray Burke  Zoom on Ray Burke  I propose to take Questions Nos. 32, 34, 68, 71, 76, 158 and 159 together.

I propose to deal first with RTÉ's “Wednesday Report” programme on 9 October regarding the conviction of Mr. Nicky Kelly. The position in that regard is, as I have already indicated publicly, that the Attorney General's advice has been sought on the various issues raised by that programme.

In those circumstances it would not be appropriate for me to comment further on that case beyond stating that this reply [1132] should not be taken as, in any way, indicating acceptance of the parallels suggested by, or imputations contained in, certain of these questions.

As regards the recommendations of the Martin Committee in relation to alleged miscarriages of justice, these raise important issues concerning the respective functions, under the Constitution, of the Executive and the Judiciary and are currently under examination. Any proposals arising from this examination will be announced in the normal way in due course.

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