THE GARDA bureau of fraud had submitted a supplementary investigation file relating to Anglo Irish Bank to the Director of Public Prosecutions last month, Minister for Justice Alan Shatter told the Dáil.
This followed the referral of two substantial investigation files to the DPP last December.
“It has been agreed between the DPP, An Garda Síochána and the Director of Corporate Enforcement that additional evidence would continue to be forwarded in such modular form, rather than on completion of the entire investigation, so that consideration by the DPP could begin even as the investigation continued, with a view to speeding up the final decision.’’
Mr Shatter said 10 gardaí were on secondment to the corporate enforcement office.
He had previously expressed his unhappiness with the protracted nature of the investigations.
“I repeat that this is not a criticism of the persons carrying out the investigations. There is no doubt that the complexities of the matters being investigated create tough challenges for investigators and prosecutors.’’
In the light of his concerns, said Mr Shatter, he had given priority to the Criminal Justice Bill 2011, which was before the House. The Bill’s provisions would speed up investigations and prosecutions by improving a number of important procedural matters and strengthening Garda investigative powers.
Responding to a proposal by Fianna Fáil justice spokesman Dara Calleary that he establish an inter-agency unit to complete the investigation, Mr Shatter said it would be fanciful to suggest it would help, because matters were at an advanced stage.
Mr Calleary said the inter-agency proposal had been made by Mr Shatter from the opposition benches in 2009. He added that the sharing of files and their submission to the DPP had been under way for some time. While he understood the DPP was independent, the DPP had said some witnesses had yet to be interviewed.
Mr Shatter said while he could not have direct conversation with the DPP about the matter, he assumed the reason some witnesses were not interviewed was because they were witnesses, not people suspected of being engaged in offences.
“Our current law is such that unless people who are witnesses volunteer to give information to An Garda Síochána, there is no mechanism available to require them to discuss issues.’’
Mr Shatter said the legislation he was introducing would provide a mechanism whereby people could be required to assist the Garda with inquiries in matters of serious white collar crime.
This would be because they were witnesses who had something of value to provide by way of documentary or oral assistance, or by way of access to material maintained by way of a computer process.
