HC Deb 07 May 1901 vol 93 cc963-5
MR. O'DOHERTY

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that the house of William Gubbins, situate in the parish of Clonmany, was searched by the police at eleven o'clock at night for the purpose of discovering whether a stolen barrow was in his possession, although at that time a warrant had not been sworn by any authorised person upon which the search warrant was granted; that Gubbins was an evicted tenant, and that the search warrant was issued by the landlord who had evicted him, Mr. John Loughrey; is he aware that the information upon which the search warrant was granted was not signed before the said magistrate, Mr. Loughrey, but was signed some days afterwards at Buncrana, some ten miles distant, by the constable who made the information, and signed not before a magistrate; also that at the trial of the said Gubbins the resident magistrate stated in open court that the case should not only be scouted out of court, but those who brought it should be punished, and whether, considering all these facts, some compensation will be awarded by the authorities to the said William Gubbins; is he also aware that when the complaint was first made as to the barrow alleged to be stolen Sergeant Ballintine, Clonmany, told the party making the complaint that he would get a constable to swear an information regarding same, and that the information was made by a constable who knew nothing whatever of the facts of the case; and, considering all these facts, what steps do the authorities propose taking in the matter.

MR. ATKINSON

The facts are that Mr. Pauling, a railway contractor and owner of a number of barrows used upon his works, gave information that one of them had been stolen by Gubbins, and was in his house. Mr. Pauling was unable to go before a justice, and the constable to whom the statement was made, and who believed it to be true, made the required information to obtain a search warrant, as he was entitled to do under the 24 and 25 Vict., c. 96, sec. L03. Upon that information the justice, Mr. Loughrey, issued a search warrant to the constable, who made a search, and found the barrow in Gubbins's house—the name of the owner having been erased. At the trial Gubbins set up the defence that he had borrowed the barrow. The resident magistrate, who appears to lave been dissatisfied with the evidence of identification, did, I believe, make the observation that the case should be dismissed on these grounds, but, so far as I an ascertain, did not say that those who brought it should be punished. There is 10 power to grant compensation, and no further steps are being taken in the matter.

MR. O'DOHERTY

Will the right ton. Gentleman answer my question whether the search warrant, when issued, was not signed by a magistrate but was signed ten days after before the district inspector?

MR. ATKINSON

I have answered that. The information was laid by the police before a magistrate.

MR. O'DOHERTY

I can tell the right hon. Gentleman that it was not so.

*MR. SPEAKER

Order, order! The hon. Member is not entitled to contradict a Minister.