HC Deb 01 April 1908 vol 187 cc513-4
CAPTAIN CRAIG

I beg to ask Mr. Attorney-General for Ireland if his attention has been drawn to the trial at Galway of John Joyce, Peter Joyce, and John Walsh, for an assault on Police Constable Joseph Hazlett; whether he is aware that juries at Galway and also in Limerick had already twice previously disagreed in the case of these men; that Mr. Justice Dodd at the third trial said that the case was quite plain for the jury to deal with, and that the only evidence was against the traversers, but the jury insisted on acquitting them; and if he intends to call for a Report from the learned Judge, or what further step does he intend to take to vindicate the law in this case.

MR. CHERRY

My attention has been called to the trial of the persons referred to in the Question, inasmuch as they were prosecuted by me as Attorney-General. At the third trial, as stated in the Question, the jury acquitted the prisoners, and no further steps can be taken against them. The learned Judge in his charge said that the case was quite plain for the jury to deal with, and that he felt that they would do their duty, as jurors, according to the evidence.

MR. SWIFT MACNEILL

Is it not the case that a person tried for a criminal offence and acquitted cannot be retried, as the acquittal is an absolute bar to further proceedings?

MR. CHERRY

That is as I have said.