Shane O'Farrell case
Deputy Gerry Adams raises the case of Shane O'Farrell, citing alleged Garda and justice failings and asking for a statutory investigation. The Taoiseach says he has read the files, notes existing civil and GSOC processes, and agrees to meet Mrs. O'Farrell.
I want to raise an issue today that I raised with the Taoiseach previously in private. He will recall that before the summer recess I gave him a file about the tragic death of Shane O'Farrell as a result of a hit-and-run incident in County Monaghan in August 2011. Shane's mother, Lucia, is in the Visitors Gallery today. The O'Farrell family believes that their son's death was preventable and that there were multiple failings by An Garda Síochána before and after Shane's death and they question decisions made by the Director of Public Prosecutions. They believe a statutory investigation is the only way their questions will be answered.
I am sure the Taoiseach has read the file. There appears to be serious irregularities in the interactions by some gardaí with the accused. The man in question was known to Interpol. He had 42 prior convictions, including convictions for drug offences, theft, road traffic offences, malicious damage and handling stolen property. At the time he killed Shane, he was on bail from the Circuit Courts in Cavan, Monaghan and Dundalk as well as Newry Court. He continuously breached his bail conditions and re-offended.
Shockingly, two weeks before Shane's death, An Garda Síochána was notified of this man's arrest in the North by the PSNI for being in breach of his bail conditions, but the Garda failed to take action and obtain a warrant for his arrest. On the day Shane was killed, the car carrying the accused was stopped by the Garda drugs unit. It had no NCT and was not roadworthy. The accused, who was a passenger when the car was stopped, assumed the driver's role in the presence of a garda despite not being insured. At the inquest into Shane's death, the court heard that the garda at the scene felt the occupants of the car were in possession of a controlled substance, but the car was not searched. Within one hour, Shane was dead.
Eleven hours later, the accused was arrested. He was released on bail a day later. Gardaí failed to inform the judge of his convictions or the breaches of his bail conditions. In the aftermath of Shane's death, the accused committed further offences. He served a week in Wheatfield Prison for a previous offence and was also arrested in Belfast on two counts of theft. He was eventually tried for motor offences connected to Shane's death and given the option of a custodial sentence or a return to Lithuania.
How could this happen? This is a rural family contributing to the State. They are looking after and rearing their children and minding their neighbours. The Taoiseach might tell me, as has the Minister for Justice and Equality, that Shane's case is with GSOC. It has been there for four and a half years, yet with no result. The case is multi-dimensional, shocking and sickening at every turn. It merits a proper statutory investigation. Will the Taoiseach commit to one?
Comment on this
I recall when this accident happened. Nothing I can say or do will bring back Shane O'Farrell, although I am happy to see his mother here in the Visitors Gallery today. I have read the file Deputy Adams gave me as well as the other extensive files on this case. I am aware that there is a civil action being taken against the State and that GSOC has been carrying out an investigation.
I would like to meet Mrs. O'Farrell and hear her story myself. I will do so from a humanitarian point of view. There are processes that are always followed. Nothing will bring back Shane O'Farrell, who I understand was a brilliant young student.
The Tánaiste and Minister for Justice and Equality recently answered questions tabled by Deputy O'Callaghan on this. She indicated that she had met the family herself, as have many others, and that she would like to have the response of GSOC, whose work was well advanced. However, as Deputy Adams points out, it has been going on for quite a while. My understanding is that GSOC wishes to interview a number of other gardaí and that the Minister will be prepared to follow through on whatever are the recommendations of GSOC.
This is a very sensitive and sad situation for the O'Farrell family. I would like to think that the very least we can do is have every possibility examined so that Shane's mother, Mrs. O'Farrell, and his sister can at least know that the situation was examined in the way it should be.
I thank Deputy Adams for giving me the file, which I did read, and for his question. I will make arrangements to meet Mrs. O'Farrell when I have an opportunity.
Comment on this
I thank the Taoiseach for his response and, particularly, for agreeing to meet Mrs. O'Farrell. This young lad was 23 years of age, a brilliant student at Trinity College Dublin and about to start work at the European Parliament. He was a fluent Irish speaker. He was a gentle young man with a bright future ahead of him. Lucia, Jim and their family have been robbed of their pride and joy. He was an only son.
However, this case goes beyond his tragic death. It reveals a series of grievous flaws in the management and response of the justice agencies. There are 59 complaints relating to Shane's case with GSOC, but nothing to show for them four and a half years later. This delay is causing ongoing trauma to his family. I am sure the Taoiseach agrees that all citizens must have competence in our justice system. Of course, all systems have their failings, but we all have a duty to ensure that they are of the very highest standards. It is said Shane O'Farrell cannot be brought back, but his family can get justice.
I thank the Taoiseach for his reply and his agreement to meet Shane's mother.
The family has asked for a statutory inquiry. Will the Taoiseach agree to that request today or, failing that, will he agree to make his position on the issue known after he has met Mrs. O'Farrell? Will he meet Mrs. O'Farrell as quickly as his busy schedule allows?
Comment on this
Yes, I will make my views known and arrange to meet Mrs. O'Farrell as soon as I have an opportunity. This is one of more than 200 cases where people feel grievously hurt on a broad range of issues across many years. A review panel was set up to look at all these cases, including the tragic death of Shane O'Farrell. The panel, which consisted of two very experienced senior counsel and five junior counsel, recommended that no further action be taken. I am not a senior counsel but my job in politics means I engage with many people. I have read the file and I will meet Mrs. O'Farrell. I will also make my views known.
I would like to think the GSOC inquiry is practically complete. That is my understanding, although that will not be of any value to people who have been waiting for so long without any clarity as to when they will have a completed document. The Minister for Justice and Equality stated she would like to get the report and, arising from that, decide what is the best option. I have no input into the civil action. It is a person's right to take a case against the State. I will meet Mrs. O'Farrell because I want to meet her on a humanitarian basis. This is one of a number of very tragic cases and, as I stated, nothing will bring back Shane O'Farrell.