MINISTER FOR Justice Alan Shatter has moved to clarify the delay in taking prosecutions over the banking collapse and the findings of the Moriarty and Mahon tribunals, as well as reports on clerical child abuse.
The latest to express frustration was his Cabinet colleague, Minister for Communications Pat Rabbitte of the Labour Party, who was reported yesterday as saying “the interminable delay is unconscionable”.
“What was exposed in Mahon and Moriarty is completely unacceptable, and I agree with my colleague Brendan Howlin that there ought to be consequences,” he told the Sunday Independent.
Mr Shatter issued a “statement on white-collar crime” shortly before midday yesterday. This was cited by Taoiseach Enda Kenny when speaking to reporters later.
While recognising the complexities involved, Mr Shatter said the delay over the Anglo-Irish Bank investigation was, “a source of frustration – to myself, my colleagues in Government and people generally”.
He pointed out that in contrast with its predecessor, the current Government had brought in legislation to facilitate gardaí in obtaining material previously unavailable to them.
“It is, of course, a matter for the Director of Public Prosecutions to make decisions on the cases submitted to her,” he said.
“In those circumstances, clearly it is not possible to go into precise details of these investigations so as to avoid the danger of prejudicing the possibility of proceedings against persons.
“The issue has also arisen of Garda action in relation to the work of both the Moriarty and Mahon tribunals.
“The Garda Commissioner has already made it clear that, following an examination of the Moriarty report, he is consulting with the Director of Public Prosecutions as to whether aspects of it may be pursued from a criminal point of view.
“Persons named in tribunal reports have no lesser nor greater rights when it comes to the criminal law than anyone else. In relation to the Mahon tribunal, a similar examination is taking place.
“Under our criminal justice system, individuals are presumed innocent until proved guilty beyond reasonable doubt. It is clearly important that public comment is not made which could prejudice criminal proceedings.”
At a news conference after the Easter Rising commemoration in Dublin, the Taoiseach was asked if he shared the widespread frustration over the lack of prosecutions.
“Every citizen is frustrated when clearly there is an anxiety about the scales of justice being followed through here.
“Now, the Minister introduced legislation last year in a very complex situation which allows for gardaí to be able to pursue issues that they must pursue.
“I would like to think that in this country, where there are people who are guilty of criminal offences, that the courts of the land would be able to deal with those. But it is very important not to overstep the mark here.
“There are independent statutory authorities with independent statutory remits to deal with these areas and I know that they are working very diligently in that regard.
“While the wheels of justice might move very slowly, and they do cause frustration, when they click into gear they act very decisively.
“And I hope that the day will not be long away that people who are and should be before the courts will be dealt with by the courts.”
