Case assessed in usual way by DPP

The decision not to prosecute Ms Jacqueline McIntyre for possession of firearms arose from the normal assessment of the evidence…

The decision not to prosecute Ms Jacqueline McIntyre for possession of firearms arose from the normal assessment of the evidence against her by the Director of Public Prosecutions and was not connected in any way with anonymous allegations against gardai investigating the case, according to legal sources.

A Garda inquiry has begun into allegations made in an anonymous letter to the DPP against gardai involved in the case. The Minister for Justice, Mr O'Donoghue, has said the Dail will be made aware of the outcome of the investigation.

Ms McIntyre was charged last July with possession of a number of firearms following an attempt to smuggle guns and ammunition into the State from the United States by post.

Last Tuesday, the assistant State Solicitor, Ms Eithne Muldoon, told the Special Criminal Court the DPP had decided the charges should be withdrawn, and they were struck out.

READ MORE

Ms McIntyre's solicitor, Mr Michael McDarby, told the court he had received a copy of a letter in relation to how the investigation was being carried out. He had asked the DPP, and was now asking the court, for an explanation into why the charges were being dropped.

Mr Justice Morris said the court had no jurisdiction in the matter. On Wednesday, the Minister said "there was a letter of complaint making allegations against the gardai", but added he was "not aware that that was the reason the DPP did not proceed with the case".

A Garda inquiry began on Tuesday into the allegations against the Galway gardai.

Legal sources said yesterday the decision not to proceed with the case was made through the normal decision-making process in the DPP's office.

The former DPP, Mr Eamonn Barnes, always refused to comment on the reasons for his decisions in individual cases - a policy supported by the current DPP, Mr James Hamilton, who took over last September.

However, they have both said that, in general, decisions on prosecutions are made on the basis of whether the evidence gathered will support the charges.

In important cases the DPP often seeks the opinion of senior counsel.