The Minister for Justice has responded to criticism of his handling of allegations against Frank Connolly by claiming the security of the State was at stake.
This meant the normal protections afforded to individuals under Article 38 of the Constitution, with regard to due process and proof beyond reasonable doubt, did not apply, Michael McDowell said in a statement yesterday.
"In particular, in matters relating to the protection of the State's security and the prevention of subversion of democracy, which sometimes involves making the public aware of underlying facts and allegations, it would be very wrong of a Minister for Justice to fail to take action or to speak out on the sole basis that the subject matter was incapable or unlikely to be established beyond reasonable doubt in the criminal justice process."
The statement did not say how State security or democracy were threatened by Mr Connolly.
Fine Gael spokesman on justice Jim O'Keeffe said: "It is very clear the Minister has to take the security of the State into account. But there isn't an obvious issue of the security of the State here. You have to go beyond Frank Connolly the individual. The fundamental principles of our democracy, of fair play and due process, should be upheld."
Last night Mr Connolly said he believed huge numbers of people were coming to the view that Mr McDowell had abused his position. "The Minister's contention that I am a threat to the security of the State is patent and absurd nonsense. He has also denied me my constitutional right to due process," he told The Irish Times. He declined to comment further.