THE Progressive Democrats' spokeswoman on Justice, Ms Liz O'Donnell, in a statement issued late last night, accused the Government of making "misleading" accusations against the British government in relation to the Duncan extradition case.
Immediately after the case in the Dublin District Court on April 12th, Government sources had informed the media, incorrectly, that the documentary flaw originated in London, Ms O'Donnell claimed.
In her statement Ms O'Donnell said the case against Anthony Duncan had been thrown out in the District Court following a statement, through counsel, by the Attorney General, in relation to "a fundamental defect" in the documentation produced in evidence.
In its subsequent, incorrect, briefing to the media, Government sources had discounted British protests that they had supplied correct documentation.
"Immediately thereafter the Progressive Democrats tabled questions to the Taoiseach, who is responsible to the Dail for the workings of the AG's office, asking him to explain what had gone wrong. The Taoiseach accepted a general question on extradition, but transferred a specific question on the Duncan case to the Minister for Justice, for oral reply on 15th May, one month and three days after the court hearing. The Taoiseach promised the Dail on 24th April that the Minister for Justice would give a full and comprehensive response on 15th May."
Ms O'Donnell said that when her transferred question was taken by the Minister for Justice on May 15th, Mrs Gwen had informed the Dail that she still was unable to explain what had gone wrong "owing to a failure to receive the appropriate information".
Ms O'Donnell added "I expressed considerable surprise that a month after a failed extradition, the Minister could comer into the Dail still claiming to be in the dark about a matter on which Irish Government sources had laid the blame in London one month previously."
Ms O'Donnell said that because of the unsatisfactory response of the Minister, she had tabled a further written question seeking a proper explanation.
"Today I have been informed that the original warrant was lost and accidentally destroyed in Dublin, and that photocopies of it were mistaken for the original.
"The Minister has sought to blame the Garda authorities for this state of affairs. The Taoiseach had told the Dail that no mistake had taken place in the AG's office and the Minister confirmed that on May 15th. It now appears that responsibility for this matter has been handed by the Taoiseach to the Minister for Justice, and by her to the Gardai as if it were a political hot potato.
"It also appears that highly-placed Government sources misled the public and the media when they pointed the finger of blame at the UK authorities. Since the British AG's resignation was called for on foot of the Irish Government's accusations, the question arises as to whether anyone in Ireland will accept responsibility for this comedy of errors compounded by a misleading accusation against the British."
Ms O'Donnell added that the Minister for Justice's performance in the Dail, one month after the collapsed extradition, and long after the Taoiseach had promised a full reply raised two fundamental questions. "Was the Minister being kept in the dark, or was the Department of Just ice keeping the Dail in the dark, in the hope that I would not persist in following up on the Minister's responsibilities by tabling a further written Dail question? As I understand it, the Minister is responsible to the Dail for these matters."
