The Taoiseach is dodging questions on whether the illness of the former State Pathologist Prof John Harbison will result in existing court decisions being challenged, Labour leader Pat Rabbitte claimed tonight.
Retired Prof Harbison is believed to be suffering from a degenerative disorder and is unlikely to give court evidence again on post mortems he has carried out in recent months.
A retrial in the August 2000 manslaughter of Dublin student Brian Murphy collapsed yesterday after current State Pathologist Dr Marie Cassidy contradicted the opinion of Prof Harbison in the original trial.
Mr Rabbitte told the Dail tonight that he acknowledged the issue was sensitive and regretted any invasion of Prof Harbison's privacy. But he said fundamental questions of public policy had arisen relating to the integrity of the expert forensic services supplied by the Department of Justice to the criminal justice system.
He called for explanation on the difference of opinion between Prof Harbison and Dr Cassidy in the abandoned retrial of Monaghan man Dermot Laide for the death of Mr Murphy outside Dublin's Club Anabel.
Mr Rabbitte claimed the pathology services were appointed, funded and administered by the Department of Justice. "The question now arises about his capacity to have performed post mortems in the first place and to give evidence in the future," he told the Dail.
He asked when the Minister for Justice Michael McDowell became aware of Prof Harbison's health problems and when he informed the DPP of what he knew. He called on the Minister to make a statement on the issue in the Dail.
"Is there an expectation out there that there now will be convictions open to challenge as a result of the information that has come to light?" he asked.
In reply, the Taoiseach said he didn't know the answers to Mr Rabbitte's queries and suggested he submit a parliamentary question to the Justice Department.
He stressed that the Government and Mr McDowell were completely independent of the DPP and its work. However Mr Rabbitte replied: "I think it immensely disquieting that he is not able to offer any reassurances on a matter of such major importance to the criminal prosecution system.
He added: "The Taoiseach manifestly dodged the questions." The Labour leader also claimed that Mr Ahern should have been provided with detailed briefing notes on the issue.
PA