HC Deb 15 June 1893 vol 13 cc1054-5
MR. DANE

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, with reference to the prosecution directed by him against 19 men at the Kishcarrigan Petty Sessions, County Leitrim, who unlawfully assembled at Kiliclaremorc, on the farm of James Faughnan, on the 23rd April last, and broke down and destroyed the fences, has he boon informed that District Inspector Rodgers stated to the Magistrates that he had been directed only to proceed against these men for a malicious injury; that the Resident Magistrate stated the police had no locus standi in such a charge as prosecutors; and that the charge should have been for not and unlawful assembly, and accordingly the charge was dismissed without prejudice; will these men be proceeded against for not and unlawful assembly; is he aware that James Faughnan and his family have since been subjected to much annoyance, followed along the road when returning from the Roman Catholic Chapel, and spat upon; and have any steps been taken to put a stop to such conduct?

MR. J. MORLEY

The cases against the 19 defendants were brought before the Magistrates at the Petty Sessions referred to on the 5th instant. The summonses were in the name of the District Inspector, as complainant, for unlawful and malicious injury to property; but the Magistrates ruled that the police could not be entered as complainants, although, it appears, they were willing to amend the summonses by inserting the name of James Faughnan —the person aggrieved—as prosecutor. The District Inspector of Police seems, however, to have thought that if his name were erased from the summonses he could not appear in the cases and press for punishment; and the Magistrates, therefore, dismissed the summonses without prejudice. The question of a renewal of the proceedings is now under the consideration of the Law Officers. It is not a fact that the Resident Magistrate stated, as alleged, that the charge should have been for not and unlawful assembly. The police proceeded at the same Petty Sessions on the 5th instant against two persons for assault on a member of Faughnan's family; they were convicted and sentenced to a month's imprisonment, and afterwards to find sureties to keep the peace and to be of good behavour, or, in default, to be imprisoned for an additional month. The incident mentioned in the fourth paragraph took place on the 14th May, and a prosecution for assault arising out of this occurrence is now pending. Faughnan and his family have not been interfered with in any way since the prosecutions of the 5th instant.