HC Deb 22 March 1911 vol 23 cc558-9W

asked the Attorney-General for Ireland whether he can state the circumstances under which the case of the Crown against Andrew Kennedy for an assault upon Mr. Martin O'Dwyer, county councillor, Ballagh, county Tipperary, was withdrawn; whether it is within the knowledge of the peace authorities that this assault was committed; and what steps will now be taken to secure that a proper magisterial investigation is held into the charge against this man Kennedy?


The case of the Crown against Andrew Kennedy was not withdrawn, but was dismissed by the magistrates under the following circumstances. Mr. O'Dwyer, as I am informed, first took proceedings against the man Kennedy for the assault, but when the charge came on at Petty Sessions for investigation on 7th January, 1911, Mr. O'Dwyer's solicitor applied to have the case withdrawn, in order that his client should take a civil action against Kennedy for damages. The magistrates acceded to the application, whereupon the police instituted a criminal prosecution against Kennedy for the assault. On the hearing of the charge at the suit of the police on the 21st January, 1911, the magistrates dismissed the case without prejudice, holding that the police were precluded from prosecuting by the complaint entered by Mr. O'Dwyer. It would appear to be open to Mr. O'Dwyer to take any proceedings as to which he may be advised.