HC Deb 10 May 1889 vol 335 cc1699-700
MR. MAC NEILL (Donegal, S.)

asked the Solicitor General for Ireland whether a man named Beattie, an agent for the Kelp Company, was returned for trial by the Petty Sessions Bench at Falcarragh, to the Cork Summer Assizes, for the wilful murder of a man named Irwin, by shooting him with a revolver; whether Mr. Wybrant Olphert sat on the Bench, and decided to dismiss the charge, but was overruled by the other Magistrates; whether, at the Summer Assizes at Lifford, the grand jury, who were only 17 in number, threw out the bill against Beattie, the foreman stating there was not a sufficient number of grand jurors to find a bill; whether having regard to the fact that a bill to become an indictment must be found to be a true bill by 12 grand jurors at least, will the Crown take any, and what, steps to insure a full attendance of the grand jury, which should consist of 23 members; was Mr. Wybrant Olphert a member of the grand jury by whom this bill was ignored; why was not a fresh bill sent up to the grand jury against the said Beattie at the Winter or Spring Assizes; and, do the Crown intend to take any further steps in investigating the circumstances of Irwin's death?

MR. MADDEN

The facts are substantially as stated in the first, second, third, and fifth paragraphs of the question, with this exception, that it is inaccurate to say that there was not a sufficient number of grand jurors to find the bill. In answer to the remainder of the question, I have to say that, after the bill was thrown out at the last Summer Assizes, the Attorney General called for a Special Report from the Crown Solicitor, and after going into the matter fully with him came to the conclusion that there was not sufficient evidence against Beattie to justify the Crown in taking any further proceedings.