An independent Commission of Investigation into the Dean Lyons affair has been established by the Minister for Justice, it was confirmed today.
This follows a recommendation from senior counsel Shane Murphy, who conducted a preliminary inquiry for the Government into how the homeless drug addict came to confess to killing two women.
The Commission, which will full statutory powers to investigate the affair and to take sworn evidence, is to be headed by senior counsel George Birmingham.
Sylvia Sheils (59) and Mary Callinan (61) were stabbed to death in their home in the grounds of St Brendan's psychiatric hospital, Grangegorman, Dublin, in March 1997.
Lyons confessed to the murders and was charged. However, these charges were withdrawn seven months later after another man, Mark Nash, confessed to the murders. Lyons later died in England.
The Garda Síochána eventually issued an unprecedented apology to the Lyons family for their charging of an innocent man.
The Commission will examine how Lyons came to make his confession, and how it was assessed by detectives. It will also evaluate whether or not the evidence presented to the Director of Public Prosecutions in the case against Lyons was adequate.
Mr McDowell said today the formal terms of reference will be set once the orders establishing the Commission have been approved by both Houses of the Oireachtas and made by the Government. He said these resolutions will be brought before the Oireachtas shortly.
In addition to this commission, an Expert Group will be established "to examine and report on more general matters relating to Garda training and procedures", including the way detectives conduct interviews with vulnerable people or those who may be on drugs.
It will also investigate Garda procedures for "recording any bona fide reservations of an individual member of a Garda investigation team as to the truthfulness or accuracy of self incriminating statements by a suspect and in communicating such reservations to the DPP".
The Expert Group has also been tasked with looking into introducing a system whereby the Garda Síochána would have suspects assessed by medical or psychiatric professionals as to their fitness to be interviewed.
