§ MR. SEXTONasked the Chief Secretary to the Lord Lieutenant of Ireland, 144 Whether it is true that Sub-Inspector Rogers, of the Royal Irish Constabulary, stationed in the month of October last in the city of Limerick, was returned by the local bench of magistrates to stand his trial on a charge of assault, the decision of the bench being come to by a vote of seven to one; whether the clerk of petty sessions, by order of the magistrates, wrote to the county inspector of the Royal Irish Constabulary for facilities towards the identification of constables who had been guilty, on the occasion above referred to, of violent attacks upon unoffending persons; whether the magistrates subsequently ordered an application for the same purpose to be made to the Chief Secretary to the Lord Lieutenant; whether the Town Council of Limerick, also by public resolution, applied for the names of the offending constables; whether all these applications on the part of the local authorities have hitherto failed to elicit any satisfactory response from either the local officers of constabulary or the Chief Secretary to the Lord Lieutenant; whether it is true that Sub-Inspector Rogers has never been placed upon his trial; whether he will be placed upon his trial as directed by the local magistrates; and, whether any explanation will be given of the refusal to facilitate the course of justice in regard to the constables who assaulted the citizens of Limerick?
§ MR. REDMONDasked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is a fact that, last October, an aggravated assault was committed upon Mr. Henry O'Brien, of Limerick, by Sub-Inspector Henry C. Rogers, and a number of policemen; that, a summons for assault having been heard before the city of Limerick magistrates, when it was given in evidence that Sub-Inspector Rogers struck Mr. O'Brien with his sword, and that the policemen beat him with their rifles, the case was sent for trial to the Munster Winter Assizes; whether it is a fact that the case was subsequently postponed to the Limerick Spring Assizes, that these assizes are now over, and that the case had again been postponed; whether he will inquire into the cause of such repeated postponements; and, whether, in view of the grave charge against him, Sub-Inspector Rogers has been suspended from his duties, pending the decision of a jury on the facts?
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. W. M. JOHNSON)Sir as this Question and that of the hon. Member for New Ross (Mr. Redmond) are matters for the Attorney General for Ireland, my right hon. Friend the Chief Secretary to the Lord Lieutenant has requested me to answer both Questions. Sub-Inspector Rogers was committed for trial on a charge of assault while quelling a violent riot in the City of Limerick during the conveyance to prison of a person arrested under the Protection Act. The informations were laid before me as Attorney General for Ireland by the Crown Solicitor, according to the practice of criminal procedure, for my direction, and having read and considered them I directed him not to prosecute. The Sub-Inspector, therefore, has not been put on trial, and I do not intend to prosecute. As to the other matters in these Questions, the clerk of petty sessions, by direction of the magistrates, sent copies of the informations to the County Inspector, with a request that he would make all necessary inquiries for the guidance of the magistrates and report the result for their information. Subsequently the copy informations were sent by the magistrates through their chairman to the Government, with a request that they should be directed as to what steps should be taken on an application by the complainants that an opportunity might be afforded them to identify the person mentioned in the informations. His Excellency, for the reason stated in his reply, declined to accede to the application. I am not aware whether any application was made by resolution of the Town Council.
§ MR. SEXTONasked the right hon. and learned Gentleman if he would state the reason for not prosecuting?
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. W. M. JOHNSON)Sir, the reason is the same as that upon which every Attorney General proceeds—that of using his own judgment in the matter, and exercising the discretion with which lie is invested, and for the exercise of which he is responsible in such cases. In my opinion it was not a case which ought to be submitted to a petty jury, and my direction was given in reference to it along with many other cases in which I gave similar directions for the present Assizes. I formed my 146 opinion upon the informations which were laid before me.