HC Deb 16 August 1890 vol 348 cc1192-5
MR. J. O'CONNOR (Tipperary, S.)

I beg to ask the Attorney General for Ireland whether he has made inquiry into the case of Mr. R. P. Gill, M.I.C.E., I., a professional gentleman of high standing, employed as architect of the buildings of New Tipperary, who was sentenced at Tipperary Petty Sessions, on Thursday, to a fortnight's imprisonment with hard labour, and ordered to give bail to be of good behaviour for 12 months, for the alleged offence of brushing with his shoulder against a policeman while walking through the street; whether it is true that, although Mr. Grill stated the brushing to have been accidental, and although the only evidence to the contrary was that of the policeman in question, yet the Magistrates refused to increase their sentence so as to admit of an appeal; and whether, if this be the case, the Executive intend to carry out the full measure of the sentence?

THE ATTORNEY GENERAL FOR IRELAND (Mr. MADDEN, Dublin University)

I am informed that the defendant went out of his direct course and wilfully assaulted a constable by throwing him off the pathway. The Court refused to state a case or to increase the sentence so as to justify an appeal, and the Lord Lieutenant sees no ground to interfere with the action of the Magistrates.

MR. SEXTON

May I ask the right hon. and learned Gentleman if it is not the fact that two constables were standing upon the public crossing of the street when this gentleman desired to walk along it? The constables refused to make way, and Mr. Gill in passing pushed against the shoulder of one of the constables. The defendant is a respectable person and brother of the hon. Member for Louth. Having regard to the fact that a legal question was raised as to whether there had been an assault at all, and that the Magistrates refused to allow an appeal by declining to state a case or to increase the sentence, I would ask the right hon. and learned Gentleman whether the Government will not direct the release of this gentleman?

MR. MADDEN

The facts before me do not correspond with those mentioned by the hon. Gentleman. The hon. Member says that there was a legal Question involved in the case. If so, the defendant would have his remedy by going before another tribunal, and it would be wrong for me to express any opinion upon the matter. If wrong has been done to Mr. Gill by the refusal to state a case on a legal question, he will be able to obtain redress.

MR. SEXTON

I sincerely hope that at this stage of the Session the Government will not think it worth while to insist on this sentence being carried out. It is quite clear from the declaration of the Magistrates themselves that the utmost that occurred was an error of judgment on the part of this gentleman in thinking that he had a right to push past the constable upon a public crossing. Mr. Gill was of opinion that the constables had no right to block up the crossing; but as an appeal to a Superior Court, even upon a legal question, cannot be heard until after the 14 days' imprisonment have expired, I would ask the right hon. Gentleman whether, for the sake of producing harmony in this House, he will not order the release of Mr. Gill?

MR. MADDEN

I have no right to give any undertaking on the part of the Lord Lieutenant, with whom the decision in the matter rests; but I will submit the statement which has been made by the hon. Gentleman to the proper quarter.

MR. J. O'CONNOR

The right hon. and learned Gentleman assumes that the Magistrates had no difficulty in arriving at a decision upon the matter. Is it not the fact that during the investigation Mr. Gill asked for a postponement of the sentence until he had an opportunity of bringing up evidence to show what really had occurred, and that the Magistrates refused to accede to his request? Does it not appear to the right hon. and learned Gentleman that this refusal introduced an element of difficulty into the case?

MR. MADDEN

No, Sir. The information laid before me does not show that any such request was made during the investigation.

MR. J. O'CONNOR

I have here a verbatim report of what occurred.

MR. MADDEN

The information supplied to me states that no evidence was called for the defence, but that the defendant addressed the Court, and intimated that he was prepared to repeat his course of action.

MR. SEXTON (Belfast, W.)

Is it not clear to the right hon. and learned Gentleman that the declaration of the defendant that he would repeat the offence showed that he thought he had a legal right to do so? If there is a question of legal right at issue it is evident that it cannot be settled until the 14 days' imprisonment with hard labour have expired.

MR. MADDEN

I assume that the Magistrates were of opinion that there was no question of law. The Magistrates may have wrongly decided that no legal question arose, and in that case an application could be made to the Superior Courts. If there is a legal point at issue the Magistrates may be compelled to state a case.

MR. SEXTON

In which case the sentence will have been served before a decision can be given?

MR. MADDEN

No, Sir; the defendant being in custody, a judge would sit instantly to hear the application.