Smyth says full inquiry needed into Shane O'Farrell death

Cavan-Monaghan TD Niamh Smyth has said that the Government decision to hold a scoping inquiry to examine the fatal hit-and-run of Shane O’Farrell near Carrickmacross on 2nd August 2011 is a step forward, but has reiterated the call for a full inquiry as requested by the family.
 
Deputy Smyth commented: “The announcement that a scoping inquiry will now examine the circumstances of the fatal hit-and-run of Shane O’Farrell is a step forward, however the government must not ignore the Oireachtas vote which supported the establishment of a full inquiry.
 
“I have been supporting the family over the past number of years. I am aware that they want a full inquiry. The O’Farrell family has been unrelenting in their pursuit of justice for their only son and brother. They and the public deserve the truth.
 
“I hope this scoping inquiry paves the way to a full inquiry, something which has been called for by the Oireachtas and most importantly, the family of Shane,” concluded Deputy Smyth.

The circumstances around the 23 year-old’s death  have raised a number of alarming questions about the criminal justice system.

He was out for a cycle on 2nd August 2011, a break from studying for his final exams in UCD. A few miles outside the town, he was struck by a motorist, 38 year-old Zigmantas Gridzuiska, a native of Lithuania who had been living in this country for some years.

Gridzuiska had a history of drug abuse and he should not have been driving a vehicle on that day. He had a number of convictions in his native country before arriving in Ireland.

On 11th January 2011, he had been convicted of theft in Monaghan Circuit Court but his sentence was adjourned for a year. The judge said if he got into trouble with the law in the interim he would be immediately put in prison.

On 9th May at Ardee District Court, Gridzuiska was convicted of theft yet was not brought back before Monaghan Circuit Court where he would have been immediately imprisoned.

Two days later, he was convicted in Dundalk District Court of speeding. On 8th June  at Carrickmacross District Court, he was convicted of possession of heroin. Just over a month later, he was in Newry District Court charged with theft. And then, on 25th July, he was back in Monaghan, the district court convicting him of failure to display a tax disc.

By 2nd August, Gridzuiska was on bail for a number of these offences. He had been ordered to sign on three times a week, but at one stage he’d been detained in the North and quite obviously couldn’t have signed on.

He had breached bail a number of occasions, had been in receipt of suspended sentences which should have been activated, yet he remained free to go about his business, irrespective of the law.

One hour before his car struck Shane O’Farrell, the culprit was stopped by gardaí at a checkpoint. The vehicle was noted to be unroadworthy and not to have an NCT certificate. Yet Gridzuiska was allowed to proceed.

After he struck Shane, Gridzuiska failed to stop and was only apprehended after an intervention from his girlfriend.

By that stage, he had 42 convictions in courts between his native country and this jurisdiction. Seven of those convictions were for possession of heroin.

At a subsequent trial, he was ultimately convicted on a charge of failing to stop and remain at the scene, for which he received a suspended sentence on condition he leave the country.

The O’Farrell family first made an official complaint to GSOC in 2012. Two years later, then justice minister Alan Shatter asked the ombudsman to open a public-interest investigation into the matter.

At issue were 56 allegations against the conduct of various members of An Garda Síochána at various points in the narrative leading up to the hit-and-run incident.

On 30th May last, GSOC published a report in which it said there was no case for criminal charges to be brought against any member. The publication was accompanied with a release that said a disciplinary investigation into some of the allegations would proceed.

THE publication of the report prompted the Oireachtas motion for a commission of investigation, which was passed by the two-to-one majority.