A Garda Assistant Commissioner has denied it was "extraordinary" that two Chinese immigrants were given "the best visas available" after allegedly bribing an immigration official.
Assistant Commissioner Martin Donnellan told defence counsel John Rogers SC, that charges against the two men were prepared for the Director of Public Prosecutions but the six month statutory period had elapsed and it was too late to prosecute them.
Mr Donnellan, formerly chief superintendent of the Garda National Immigration Bureau, was giving evidence in the trial at Dublin Circuit Court of a former bureau official who allegedly accepted €2,000 in bribes for issuing visas to Chinese students using fraudulent documentation.
The two Chinese immigrants have given evidence that they helped students get fraudulent attendance records from English language schools which were then used to obtain a visa from the accused. They also alleged they gave him four "gifts" of €500 to "thank him".
John Kennedy (69), Trees Avenue, Mount Merrion, Co Dublin, has pleaded not guilty to receiving bribes as well as a bottle of wine and a meal voucher between December 2002 and January 2003.
Mr Rogers put it to Mr Donnellan: "I find it strange these people, after the time the six months expired, made statements to gardaí in 2004 and later they were given type four stamps. Why did that happen?"
Mr Donnellan replied: "The evidence had to be collected and, as soon as it was practical, a file was sent to the DPP. If it was outside the six months, so be it. We supply the evidence and they direct the charges."
Mr Rogers suggested that it was "extraordinary" that persons against whom charges were contemplated were then given the best type of visas. "Ireland is giving the best quality visas to people the DPP recommended be prosecuted."
"I don't see that as extraordinary," Mr Donnellan replied. "It's a matter for the director."
Mr Rogers also questioned why, if an 80 per cent attendance rate at these schools is required to renew a visa, was he able to find several examples of immigrants with attendance rates of 25 per cent or 50 per cent being granted renewals.
Mr Rogers suggested it was "the norm" to show discretion when dealing with such records.
"I completely reject that," Mr Donnellan replied."