Report not given to media first - Minister

The Department of Justice has denied that it issued the Olden report on convicted killer Thomas Murray to the media before giving it to the family of Ms Nancy Nolan, who was killed by Murray while on temporary release from Castlerea prison.

A spokesman for the Minister, Mr O'Donoghue, has described as "incorrect" a headline and report in this column last week about the publication of the report on July 6th. The headline stated: "Media given murder report ahead of family".

In this newspaper's report, Ms Nolan's sister, Ms Eileen Glynn, criticised the fact that she learned about the publication of the report on the RTE television news at 6 p.m. She said she had talked to another member of the family who also heard it on the news for the first time.

Mr Hugh Nolan, Ms Nolan's son, has confirmed he received copies in advance, and said the Department was "technically correct" in its response. However, his aunt was also correct, he said. The timing was such that it was not possible for him to distribute copies to nine other members of his family before it became public, and it was "unreasonable of the Department to assume so".

The Minister's spokesman said Mr O'Donoghue expressed his regret at the tragic consequences of the release of Murray, and the death of Ms Nolan. The Minister had undertaken to inform Ms Nolan's family of the report before it was released, and a copy was delivered to Mr Hugh Nolan's home at 9.30 p.m. on July 4th. This was the day observations on the contents were received from the director-general of the Prison Service, Mr Sean Aylward, the spokesman said.

Mr Nolan had asked for 10 copies, as he had promised he would provide family members with copies, the spokesman said. These were delivered to his home before the report was presented to the Oireachtas. "The Minister honoured his obligations," the spokesman said, and denied the timing was insensitive. "As far as we are concerned, it is the best that we could have done."

However, Mr Hugh Nolan told The Irish Times that although these details were technically correct, the publication of the report on the evening of July 6th - the last day of the Dail before the summer recess - was "calculated to ensure that people wouldn't have too long to consider it". With the first copy he received on July 4th, he also received a covering note from the Minister requesting that he refrain from discussing the contents until after it had been presented to the Oireachtas the following day. This was then put back a day, to July 6th.

The Department had "moved at a certain speed that suited it", Mr Nolan said. He has siblings in London, Ballina, Co Mayo, Carlow, Dublin and Kildare. His aunt, Ms Glynn, lives in Galway; an uncle, Mr Colm O'Callaghan, lives in Roscommon; and another aunt lives in England. "It would have been impossible to get this report to them before the RTE 6 p.m. news on Friday," he said.

A considered response by the family to the report's contents would be given in due course, he added.

The Galway East Fine Gael TD, Mr Paul Connaughton, has already criticised the timing, given the importance of the report's contents in this case and in release procedures for prisoners serving life sentences.

The report by Mr John Olden was commissioned by the Minister for Justice following the conviction of Murray last December for the murder of Ms Nolan at her home near Ballygar, Co Galway, in February 2000. It was received by the Minister on April 2nd, and in a Dail reply on June 27th he told Mr Connaughton he had considered it and had asked the Prison Service's director-general "to clarify a number of issues". A submission from the director-general is contained with the report.

Murray was on temporary release from Castlerea, having been convicted in 1982 of the murder of Mr William Mannion in 1981. The report reveals the governor of the prison had at one point expressed concern that Murray would kill again. Local gardai were opposed to his release.