Shane O'Farrell case
Micheál Martin raised the circumstances of Shane O'Farrell’s death and alleged failings in bail, sentencing and Garda action. Richard Bruton expressed sympathy but would not judge the case, and said an independent commission and related work should clarify what happened.
On 2 August 2011 young Shane O'Farrell was killed in a shocking manner by a Mr. Gridziuska in an horrific hit and run incident while he was cycling towards Carrickmacross. Mr. Gridziuska did not brake, stop his vehicle or check on Shane O'Farrell's condition. He fled the scene, abandoned his car and hid it very well 5 km up the road. One issue is that he should not have been at liberty at the time if the criminal justice system had been working properly. He had been in breach of bail conditions 18 times at least and had suspended sentences. He had actually been sentenced to a custodial sentence which he did not serve. He was well known to An Garda Síochána, Interpol and the PSNI. He had an extensive criminal background with at least 40 previous convictions for a variety of offences, including theft, aggravated burglary, handling stolen property, malicious damage, drug-related offences, including the possession of heroin, and road traffic offences. In June 2010, a year before Shane's death, he was sentenced to six months in prison but he never served one day of it. We do not know why. All through this, the O'Farrell family, particularly Shane's parents, Lucia and Jim, and his sisters, have been stoic, courageous and brave in pursuing justice for their son and brother who was a talented young lawyer and student who had everything to give in his life.
The entire case reveals shocking malpractice and dysfunction in the criminal justice system at all levels. The O'Farrell family have complained to An Garda Síochána, the Garda Síochána Ombudsman Commission, GSOC, the Director of Public Prosecutions and regarding the Director of Public Prosecutions to the Department of Justice and Equality. They are awaiting a GSOC report. It is clear that they were misled by the Garda about the facts of their son's death. The courts were misled by the Garda and others. They were not informed of relevant information when judges asked questions about the accused.
Fundamentally, offences involving a violent death should not go unpunished. I know that other Members have met Lucia O'Farrell and her family. We owe it collectively to them to ensure justice is done.
The most effective way at this stage, in our view, is for an inquiry to be established into all the aspects of this case so we can learn lessons and justice can be delivered for the Farrell family. It would enable the dysfunction within our criminal justice system highlighted by this case to be put to right. Has the Government given consideration to this? I know the Taoiseach and Tánaiste met the O'Farrell family but it is now time for action.
Comment on this
I thank the leader of Fianna Fáil for raising this issue. I am very aware of the case and one can have nothing but sympathy for the family of the late Shane O'Farrell for the appalling experience they have gone through and the loss of a very young life in such a tragic way. The Deputy correctly raises questions about the failures that occurred in many parts of our justice system in this case but I cannot pass judgment on any of those. I know the Tánaiste and Minister for Justice and Equality met the family and I am sure she is considering the issues raised. I am sure many of the relevant matters are being examined by the Garda Services Ombudsman Commission but it goes deeper than that. As the Deputy knows, the Dáil recently established a commission to look at deeper issues within the Garda surrounding the culture, management and recruitment. We have had very worthwhile debates in the House about the need for such a commission to give public confidence and reassurance to those gardaí who every day go out and put their lives on the line in pursuit of those doing wrong in our society.
To answer the Deputy's question, it has not come to Cabinet to the best of my knowledge to consider the specific circumstances of this case. As I understand it, under legislation it would in the first instance be for the Minister for Justice and Equality to propose issues relating to the suggestion made by the Deputy of a public inquiry. I cannot shed light on whether there is a case for such a public inquiry as I do not have access to sufficient facts and detail on that. It is perhaps an issue that can be raised directly with the Minister for Justice and Equality. I will certainly convey the concern of the Deputy to the Minister.
In the past number of years in the Dáil we sought to establish much stronger institutions of accountability and oversight within the Dáil. We have established the Garda authority and strengthened the Garda Services Ombudsman Commission. We have also established the Garda Inspectorate. No system will be perfect but I hope these new institutions will lead to a position where incidents like this cannot be repeated. It is a continuous battle and I will draw to the attention of the Tánaiste the concerns raised by the Deputy.
Comment on this
I have raised this with the Tánaiste. The case reveals a litany of dysfunction that is incredible. On that night of 2 August 2011, an hour before Shane O'Farrell was killed, Mr. Gridziuska - the man who was driving in the hit-and-run car - was a passenger in a vehicle stopped by the Garda national drugs unit. At the scene the gardaí believed the driver and two passengers were in possession of a controlled substance. In any event the vehicle was being driven by an uninsured driver and the vehicle did not have a valid national car test certificate. The gardaí failed to seize the car and instead selected Mr. Gridziuska to switch from being a passenger to being the driver. The gardaí failed to consider whether Mr. Gridziuska had valid insurance for the vehicle. It is an extraordinary case. We can learn lessons from the extraordinary level of dysfunction in this case. It is depressing to have to witness it time and again.
For five years Lucia and Jim O'Farrell, along with their family, have been pursuing this case. In all honesty and sincerity, it is time the Oireachtas responded in the only way possible, which is the establishment of an inquiry.
Comment on this
I cannot draw a conclusion on that.
Clearly, if we establish an independent Garda Síochána Ombudsman Commission under law, give it the authority to interview the gardaí concerned in the type of instances the Deputy describes and give it, under a strong judge, the power to pursue such cases, I expect the Minister would wish to see the conclusion of that work before any decisions would be taken. I understand that the work is at an advanced stage, so hopefully that will shed light on what has occurred and give the Minister an opportunity to form a judgment as to whether further action is necessary or whether the Garda Síochána Ombudsman Commission can take the necessary action to deal with it. Sadly, nothing that will be done now can bring back the life of a person lost in such tragic circumstances. However, a process is being pursued which, hopefully, will shed light on what are the necessary steps from here on, be it amendment of legislation, disciplinary action, the suggestion made by the Deputy or whatever is appropriate.