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Taoiseach Micheál Martin spoke to reporters this afternoon. Alamy, file

Taoiseach says there are 'constitutional limits' to bail reform

A man, who was on bail, died of self-inflicted fatal injuries after a shooting incident in Carlow on Sunday.

THE TAOISEACH HAS said there are “constitutional limits” on reforms around bail in Ireland.

His remarks come after a man, who was on bail, died of self-inflicted fatal injuries following a shooting incident at Fairgreen Shopping Centre in Co Carlow on Sunday.

Gardaí said the man, named locally as 22-year-old Evan Fitzgerald from Kiltegan in Co Wicklow, had earlier walked through the retail premises firing a shotgun in the air. 

Fitzgerald appeared in court last year with two others on firearms offences, and it is understood he had been facing an imminent further court appearance.

At a hearing last year, when the then-steel yard worker was granted bail with strict conditions, the court was told he had a “fascination” with firearms but that the interest was more of a hobby than a “nefarious” one.

Asked about the incident this afternoon, Micheál Martin said: “I’m very conscious that a family is in mourning over the weekend, and today we should always be conscious of that.”

“We’re always extremely grateful to our emergency services and personnel. Our first responders do heroic work, work that is often very traumatic, but that is essential. We always owe them our appreciation and I always recognise their work.”

Martin said justice minister Jim O’Callaghan had announced a review of bail laws last week but added that there were “constitutional limits” on what can be done. He said there could be work on speed and timing of prosecutions and court cases.

He said improvements can be made to ensure that time on bail is shorter. He agreed that the incident could’ve been a lot worse: “It could have been, and anything to do with firearms is extremely serious.”

When put to the Taoiseach that the shooting could have been avoided had bail not been granted, Martin said the constitution “is as it is, the law is as it is, and the courts took a decision on the occasion to grant bail”.

He added: “That’s the reality of it and that’s the issue there, and that’s why the minister has initiated a review of bail laws.”

Education Minister and Fine Gael deputy leader Helen McEntee said there is a right to presumption of innocence in the constitution. She said the courts have to make bail decisions based on all the facts that they have at the time.

McEntee, the previous minister for justice, added: “But I think it’s important that we continuously review all of our laws, including our bail laws, to see how we can improve them and make them work best.”

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