McCabe murder trial debate is set for next week

The Det Garda Jerry McCabe murder trial will be debated in the Dail next week.

The Det Garda Jerry McCabe murder trial will be debated in the Dail next week.

A debate scheduled for yesterday was postponed until next Tuesday, after the sentencing had been put back until today. The Government agreed to the debate, and to a question-and-answer session with the Minister for Justice.

This followed opposition demands yesterday morning for a statement on the decision to accept manslaughter pleas.

The Fine Gael deputy leader, Mrs Nora Owen, said: "Where does the charge of manslaughter lie in our law now that it has been so diminished by the plea made yesterday by men who took a gun, pointed it into the confines of a car and shot multiple bullets into the bodies of two members of the Garda? How could anyone call that anything but murder?"

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Mrs Owen said there was deep concern that the men, once convicted of manslaughter, would become party to the prisoner-release programme, despite assurances given by the Taoiseach.

The Minister for the Marine, Dr Woods, who was taking the Order of Business for the Government in Mr Ahern's absence, said that the Taoiseach had made the Government's position clear on Wednesday.

When the Dail met at 10.30 a.m., Labour and Fine Gael attempted to have standing orders suspended to hold a special debate on the matter.

Ms Jan O'Sullivan (Labour, Limerick East) spoke of "the serious public concern about the circumstances in which the State agreed to accept pleas of guilty to a lesser charge of manslaughter in the case of those who had been charged with the murder of Detective Garda McCabe; the particular concern that acts of intimidation may have led to crucial evidence being withheld from the court; the need for the Attorney General, in accordance with the terms of the Prosecution of Offenders Act, 1974, to discuss with the DPP the policy considerations that should be considered prior to the State entering into plea bargaining in cases of major public importance."

The Fine Gael spokesman on justice, Mr Jim Higgins, referred to "the need for an assurance that none of those who will now be convicted of manslaughter will benefit from early release under the Belfast Agreement."

When Mrs Owen asked why the Taoiseach was not present in the House, given that it would be dealing with "a cataclysmic event," Dr Woods said that Mr Ahern was meeting the Danish Prime Minister in Copenhagen.

When Dr Woods noted that the Fine Gael leader was also absent from the House, Mrs Owen said that Mr John Bruton was out of the country.

Mrs Owen said that her party would not agree to the business ordered for the day until there was a commitment that there would be a statement from the Government to the House.

Dr Woods said that all members of the House were deeply concerned about the matter.

"The deputy will also be fully aware - and indeed it is recognised by all sides in the House - that the Director of Public Prosecutions is independent in the conduct of prosecutions.

"That has been the position since 1974 when the Office of the DPP was established, and established for very good reasons, with support from all sides of the House.

"It is very well established and recognised that the Attorney General is independent of the Government, and it is important that the public at large recognise this fact. It would not be appropriate for the Government to seek to dictate the manner in which either officer conducted his affairs.

"There are very good reasons why matters pertaining to the prosecution of offences are taken out of the political domain, and I am sure that nobody in this House would wish to argue otherwise. That was done for very good reasons.

"It is not something on which we can take an a la carte approach. Prosecution policies and decisions are either in the political domain or they are not.

"The decision is an independent one, taken away from the political arena in 1974, and it must stay that way."

The Labour leader, Mr Ruairi Quinn, said that the court would have given its judgment before the end of Question Time later in the day, and the Minister for Justice, Equality and Law Reform should come into the House and make a statement.

Mr Trevor Sargent (Green Party, Dublin North) said he supported the demand by Labour and Fine Gael to have the matter dealt with in the House.

After some further exchanges, Dr Woods said that the Minister for Justice would make a statement to the House and answer opposition questions at 3.30 p.m., after the verdict had been given. Later, when it was learned that sentencing had been put back until today, it was agreed the debate would be held next Tuesday.