1 Garda Siochana – Flooding. I would be most unusual for flooding to be able to cherry pick files and only destroy some of them.
2 DPP – File stolen by The General. The file was later recovered by the Gardai after doing a deal with Martin Cahill to release one of his associates from prison. File was given back to DPP but there is no longer any trace of it.
THE DPP ALSO INSTRUCTED THE GARDAI NOT TO INCLUDE NIALL’S SOLICITORS STATEMENT IN THE BOOK OF EVIDENCE.
3 State Pathologist’s Office – No documents exist anymore. Reason given was that the might have been lost when they moved premises
4 Coroner’s Office – There was a break in. The burgler selected a small number of files and set fire to them on a desk top. Fr Niall’s was one of the files.
“The lack of a detailed explanation by the Flynn family about what took place at Kilcoursey House on the night of 7th/8th July 1985 has added considerably to the speculation surrounding the death of Father Niall Molloy”
In the opening pages of the Book of Evidence a key witness who was present in Kilcoursey house is dismissed as not important because he was not in the house at a certain time that evening.
This comment made by a senior Garda Completely contradicts the witness’s own signed statement which is included later on in the report.
No one has picked up on this despite it having been examined again by Gardai, the DPP’s office, Dept.of Justice experts and Journalists who have reviewed the case.
Fr Molloy Files were stolen, burnt and simply disappeared.
Files were stolen From DPP’s Office
Set fire to in Coroner’s Office
Disappeared from Garda Offices
Disappeared from State Pathologist’s Office.
I will be going into detail on all of the above over the coming days.
Director of Public Prosecutions Claire Loftus said the directive will give victims the right to receive reasons in a range of offences – including rape, child sexual abuse and harassment.
The ruling must be transposed into Irish Law by November 2015.
Currently, the DPP’s office only gives reasons for not prosecuting in cases involving fatalities.
The directive will also provide victims of serious crime the right to a review of a decision not to prosecute.
Speaking at a conference in Dublin, she also urged counselling organisations to co-operate with her office in the disclosure of information in relation to criminal prosecutions.
She said some organisations take the view that even where victims have given consent, those who provided counselling can decide what material should not be handed over.
Ms Loftus said all that material is eventually handed over but often at the last minute when trials are about to commence which is very unsatisfactory.
She said that the HSE, Dublin Rape Crisis Centre, One in Four and Cork Sexual Violence Centre have all signed Memorandums of Agreement with the DPP’s office which provide for disclosure of information.
Ms Loftus said these agreements reduce delays and consequent trauma to victims caused by late adjournments because cases are not ready.
She added that the new Court of Appeal – which she understands will have a permanent criminal division – will undoubtedly relieve the situation in appeals against conviction or sentence and prosecution applications for reviews of sentences.