HC Deb 30 August 1909 vol 10 cc19-20
Mr. J. P. FARRELL

asked the Chief Secretary whether he is aware that on Sunday night, 15th August, Police Constable Begley, stationed at Longford, violently and without cause assaulted Joseph Daly when walking past him in the public street; whether, when proceeding to the barracks to complain of the assault, Begley again met Daly and struck him a violent blow in the face; whether the local magistrate has declined to issue a summons against this policeman; and, if so, will he direct the local resident magistrate to do so?

Mr. CHERRY

As I am informed, the facts as to this alleged assault are as follows: About 11.45 p.m. on the 15th instant, Constable Begley, who was on leave and in plain clothes, was standing at the door of a friend's house speaking to a girl friend, when Daly and two companions approached. Daly stopped and looked into the constable's face. The constable told him to go away, but, instead of doing so, he called back his two companions and lighted matches, which he held up in an extremely rude manner in the face of the constable and his friend. Naturally annoyed, the constable pushed him away, and the assault, if any, was a very trivial one. There is no foundation for the statement that the constable met Daly a second time and struck him. An application was made to the petty sessions on the 18th instant for a summons, but the four magistrates present unanimously refused to order its issue. My right hon. Friend the Chief Secretary has no power to order them to issue one, even if he were disposed to take that course?

Mr. FARRELL

Is it not a fact that the reply which the right hon. Gentleman has given is practically Constable Begley's version of the story?

Mr. CHERRY

I do not know. I have got this reply from my ordinary channels of information, namely, the district inspector.

Mr. FARRELL

Why should there not be an opportunity given for a further investigation into the facts?

Mr. CHERRY

My hon. Friend must be aware that Joseph Daly can bring a civil action if he pleases. The Government has no control in the matter, and they cannot compel a magistrate to issue a summons.

Mr. JOHN O'CONNOR

In the event of proceedings being taken by the aggrieved person, will the police be defended by the right hon. Gentleman or anyone representing him?

Mr. CHERRY

Certainly not.

Mr. FARRELL

Is the right hon. Gentleman aware that this police officer in court made an appeal to the solicitor who applied for the summons not to go on with it?

Mr. CHERRY

No, Sir, I was not aware of that fact.