Nally ‘deserved prison sentence for killing’
Speaking in the Dáil, Mr McDowell said: “Nobody in this House will suggest that a person, having shot and beaten another, should be at liberty to return to a shed, reload his or her weapon, hunt down the other person and finish him or her off.
“Nobody will suggest that such action should not constitute an offence.
“I take it that there is unanimity in the House on that issue.”
The case has provoked heated debate across the country. Nally, 61, was jailed for six years for the manslaughter of Mr Ward, a father of 11, in October 2004. Nally’s supporters believe the sentence was too harsh, arguing the farmer was attempting to protect his home. The victim’s family believe the sentence was far too lenient, as the judge in the case had found that Mr Ward was “in manifest retreat” when the second shot was fired.
Mr McDowell was responding to questions from Fine Gael justice spokesman Jim O’Keeffe, who had demanded to know what legislative plans the minister had “provide more of a defence” for home-owners.
Mr McDowell said that sections 18 and 20 of the Non-Fatal Offences against the Person Act allowed for the justifiable use of force in order to protect a person or property or to prevent a crime.
“The legislation clearly states that the use of force is justifiable in certain circumstances,” he added.
“While we all wish to protect ourselves, our families and our property from potential danger, we must also be accountable for the actions we take in such a situation if they go further than is reasonable in the circumstances.
“The law as it currently stands is sufficient and serves us well.”
He said he would examine any proposals for legislative change which Mr O’Keeffe had, but warned that the opposition should not attempt to make political gain from the issue.
Mr O’Keeffe said he was not referring to the Nally case, and would not do so, as “nobody wants a situation to pertain where people can be killed with impunity”. But he said he would “rise to the challenge the minister has set” and bring forward specific proposals for changes to the law.
“The law needs to be rebalanced and the pendulum needs to be swung more in favour of the home-owner who has to face an intruder, perhaps in very difficult circumstances.”
Meanwhile, Mr McDowell defended his plans for a new prison complex at Thornton Hall in north Dublin, and insisted the development would go ahead.
The opposition has repeatedly criticised the €30 million price which the Government is paying for 150-acre site.
CONNECT WITH US TODAY
Be the first to know the latest news and updates
