Full text of correspondence on case between Molloy and O'Donoghue

The following is the text of 15 letters exchanged between the former minister of state, Mr Robert Molloy, and the Minister for…

The following is the text of 15 letters exchanged between the former minister of state, Mr Robert Molloy, and the Minister for Justice, Mr O'Donoghue, on the Patrick Naughton case:

From: Office of the Minister for Housing and Urban Renewal

To: Mr John O'Donoghue, TD,

Minister for Justice, Equality & Law Reform,

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72-76 St Stephen's Green,

Dublin 2.

13 Márta, 2001.

Dear John,

I enclose copy of letter received from Anne Naughton, Hi-way Security, 35K Merchants Dock, Merchants Road, Galway.

I would appreciate if you could let me have a reply to the issues raised.

Yours sincerely,

Robert Molloy, TD,

Minister for Housing and Urban Renewal.

15 March 2001

Dear Robert,

You were in touch with me recently on behalf of Anne Naughton regarding Patrick Naughton.

I will be in touch with you again regarding this matter.

With every good wish.

Yours sincerely,

John O'Donoghue, TD.

20 Aibreán, 2001

Dear John,

I wish to refer to my letter of 13th March, 2001 (copy enclosed) on behalf of Anne Naughton, Hi-way Security, 35K Merchants Dock, Merchants Road, Galway regarding her brother Patrick Naughton.

I would be grateful if you could let me know the up to date position on this matter.

I look forward to hearing from you.

Yours sincerely,

Robert Molloy, TD.

30 April, 2001

Dear Robert,

You were in touch with me recently on behalf of Ms Anne Naughton regarding her brother Patrick Naughton.

I will be in touch with you again regarding this matter.

With every good wish.

Yours sincerely,

John O'Donoghue, TD.

30 April, 2001

Dear Robert,

I refer to your letter of 13 March, 2001 on behalf of Anne Naughton, Hi-way Security, 38K Merchants Dock, Merchants Road, Galway.

It appears that the issues raised relate to an ongoing court case. You will appreciate that, as the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, it would be inappropriate for me to comment on the matter.

With every good wish.

Yours sincerely,

John O'Donoghue, TD.

31 May, 2001

Dear Robert,

You were in touch with me recently on behalf of Ms Anne Naughton regarding her brother Patrick Naughton.

I wish to point out from the outset that I have no role in the prosecution of cases, and I cannot direct the courts in any way. This is a long-standing principle of our system of justice. The primary role of the DPP is to decide whether or not a particular person should be prosecuted and for what criminal offence. The DPP will make this decision on the basis of the findings of the Garda investigation, viewed against the background of common and/or statute law. The Director is, of course, independent in the performance of his functions. The courts are subject only to the Constitution and the law and are independent in the exercise of their judicial functions.

Owing to the independence of both the DPP and the courts, you will appreciate that it would not be appropriate for me to comment further or to intervene in this case.

With every good wish.

Yours sincerely,

John O'Donoghue, TD.

6 Samhain, 2001.

Dear John,

I have been contacted by Anne Naughton, Hi-way Security, 35K Merchants Dock, Merchants Road, Galway.

Ms Naughton's brother, Patrick, was found guilty of the rape of his daughter and he wishes to appeal this decision. I understand that he is currently in prison and she is anxious to know if he must remain in prison until the appeal is heard or can he be released and continue to report to An Garda Síochána as previously required of him. I understand that Patrick Naughton was convicted following a case which was held at the Central Criminal Court from 22/10/2001 - 31/10-/2001 (heard by Justice Philip O'Sullivan).

Anne Naughton informed me that her brother has not been sentenced as yet and wishes to know why he had been imprisoned before a sentence has been passed. She is also anxious to know how long the appeal process will take and when it is likely that the case will be heard by the Courts. (next paragraph blacked out).

I would appreciate if you could examine the queries raised by Anne Naughton and if you could let me know the position in relation to same.

I look forward to hearing from you.

Yours sincerely,

Robert Molloy, TD.

9 November, 2001.

Dear Robert,

You were in touch with me recently on behalf of Ms Anne Naughton regarding her brother Patrick who is currently in prison.

I will be in touch with you again regarding this matter.

With every good wish.

Yours sincerely,

John O'Donoghue, TD.

20 Nollaig, 2001.

Dear John,

I wish to refer to my letter of 6th November, 2001 (copy enclosed) on behalf of Anne Naughton, Hi-way Security, 35K Merchants Dock, Merchants Road, Galway, regarding her brother Patrick Naughton.

I would be grateful if you could let me know the up to date position on this matter.

I look forward to hearing from you.

Yours sincerely,

Robert Molloy, TD.

2 January, 2002

Dear Robert,

You were in touch with me recently on behalf of Ms Anne Naughton regarding her brother Patrick who is serving a Prison sentence.

I will be in touch with you again regarding this matter.

With every good wish,

Yours sincerely,

John O'Donoghue, TD.

16 Eanair, 2002.

Dear John,

I wish to refer to my letter of 6th November 2001 (copy enclosed) on behalf of Anne Naughton, Hi-way security, 35K Merchants Dock, Merchants Road, Galway, regarding her brother Patrick Naughton.

I would be grateful if you could let me know the up to date position on this matter.

I look forward to hearing from you.

Yours sincerely,

Robert Molloy, TD.

29 January, 2002.

Dear Robert,

You were in touch with me recently on behalf of Anne Naughton, Hi-way Security, 35K Merchants Dock, Merchants Road, Galway, regarding her brother Patrick Naughton.

I will be in touch with you again regarding this matter.

With every good wish,

Yours sincerely,

John O'Donoghue, TD.

31 Eanair 2002.

Dear John,

I enclose further correspondence from Anne Naughton, 6 Irwin Court, Eyre Square, Galway, regarding her brother Patrick Naughton. Previous address Hi-way Security, 35K Merchants Docks, Merchants Road, Galway.

I would appreciate if you could let me know the appeal date of Mr Patrick Naughtons court case and the up to date position on this matter.

I look forward to hearing from you.

Yours sincerely,

Robert Molloy, TD.

31 January, 2002

Dear Robert,

I wish to refer to your correspondence on behalf of Ms Naughton regarding her brother Patrick who is currently on remand in Cloverhill Prison.

The position is that Mr Naughton is not at present serving a sentence and is in custody on foot of court warrants ordering his detention pending future court appearance(s). I am therefore unable to consider the possibility of temporary release.

The question of when his appeal will be heard is a matter for the court. As you are aware the courts are completely independent in the exercise of their judicial functions and as such I am precluded from commenting on or intervening in any particular case. Our legal system allows judges to exercise their discretion, within limits, by reference to the circumstances and evidence revealed in each particular case.

With every good wish.

Yours sincerely,

John O'Donoghue, TD.

7 February, 2002

Dear Robert,

You were in touch with me recently on behalf of Anne Naughton regarding her brother Patrick's court case.

I will be in touch with you again regarding this matter.

With every good wish.

Yours sincerely,

John O'Donoghue, TD.