A man who lost four members of his family in the Dublin bombings 23 years ago began a High Court action yesterday to seek information in the possession of the gardai concerning their investigation into the bombings. Mr Patrick Doyle's daughter, son-in-law and two infant granddaughters were killed in the bombing of Talbot Street on May 17th, 1974, when a total of 26 people died in bomb attacks on Talbot Street, South Leinster Street and Parnell Street at 5:30 p.m.
Seven people were killed when a bomb exploded in Monaghan town just 90 minutes later.
Mr Doyle, of Kildonan Road, Finglas, with the support of relatives of other victims, is seeking Garda documentation on the investigation in order to bring a case to the European Convention of Human Rights. He wants a declaration that as an Irish citizen he is entitled to access to information in the possession or procurement of the gardai concerning the investigation.
An order is being sought to allow Mr Doyle's legal advisers to inspect all documents and records in the possession of the gardai concerning the bombings.
A complaint has been lodged with the European Convention that the UK is in breach of that convention because of the RUC's failure to take all appropriate steps to investigate and inquire into events in the North associated with the bombings. Mr Doyle claims that to vindicate his rights under the Convention, it is essential to have access to Garda records and documents concerning inquiries into the bombings.
The defence denies the claim. It is denied that Mr Doyle has a right of access to Garda files or records for the purposes claimed or any purpose.
Mr Anthony Sammon SC, for Mr Doyle, told Miss Justice Laffoy no one had been made amenable to justice in any jurisdiction in respect of the outrages. Following a Channel 4 television programme in July 1993, Mr Doyle and others who lost relatives entered into correspondence with the Garda Commissioner. Eventually, the complaint was lodged with the European Convention.
Counsel said he would be contending that the application before the court was essentially one by a plaintiff in pursuit of justice.
Mr Edward Comyn SC, for the Garda Commissioner, said if the court granted discovery the documents and information may be leaving the State to be produced in another court over which the Irish courts had no control.
Particularly in this case, there should not be blanket disclosure of documents because it was probable they were highly sensitive to the State, to the Garda, to another State and to other persons. To allow the perusal of those documents would be totally invidious, he said.
Mr Gregory O'Neill, solicitor, for Mr Doyle, said in evidence that the Channel 4 programme had asserted that eight suspects has been listed by the gardai and furnished to the RUC. That list later went to 12. Permission had been sought to interview them with an RUC presence but this was declined.
He said he entered into a correspondence with the Commissioner of the Garda Siochana. If he had the documents they sought, it would have triggered a further stage in the proceedings in Strasbourg. A senior official would have been appointed by the European Commission to inquire as to the question of admissibility.
That process was utterly confidential. That inquiry would be held in camera. It was to that utterly confidential process that he was seeking the co-operation of the Garda authorities. It was never their desire that any sensitive material be brought out. The hearing continues next Tuesday.