A REPORT CARRIED out by a judge into the death of Shane O’Farrell, a young cyclist killed in 2011, is to be referred to the Oireachtas Justice Committee for consideration. 

The family of O’Farrell, who were in Dáil this evening to hear a Sinn Féin motion on the case, have called for an independent public inquiry into the circumstances that led to  O’Farrell’s death and the actions of State agencies related to it.

The motion this evening calls on government to implement the Oireachtas resolutions which called for the establishment of an independent inquiry into the death of O’Farrell.

Government will not oppose the motion, with Justice Minister Helen McEntee telling Cabinet today that she will refer a report published last year into the incident to the Oireachtas committee. 

Labour’s Brendan Howlin said the referral of the report to the committee is a “non-action” by government. 

Speaking in the Dáil this evening, the minister said she has met with the family and understands that there view is that justice has not been served. She said she also accepts many in the Dáil, both from within and outside government, are calling for an inquiry.

The case dates back to 2 August 2011 when O’Farrell was cycling home and was struck by a car driven by Zigimantas Gradzuiska near Carrickmacross in Co Monaghan.

Gradzuiska had previous convictions for offences including aggravated burglary, road traffic offences and the handling of stolen property.

In the years since O’Farrell’s death, his family has been asking how Gradzuiska, a repeat offender who was on bail from multiple courts, was at liberty on the day O’Farrell was killed.

Independent public inquiry

There have been two Dáil motions, one of which was tabled by Fianna Fáil’s Jim O’Callaghan, and a Seanad motion calling for a public inquiry, but the calls have been resisted by government to date. 

Tánaiste Micheál Martin has spoken robustly on the matter in the past, stating that the entire case “reveals shocking malpractice and dysfunction in the criminal justice system at all levels”. 

In 2018, the Garda Síochana Ombudsman Commission (GSOC) found there was no breach of procedures in relation to the investigation surrounding the death of O’Farrell.

Last year, the Department of Justice published a 416-page report into the case which concluded there were no circumstances surrounding the death of O’Farrell that warranted further investigation.

Its findings have been challenged by the O’Farrell family.

The report led by Judge Gerard Houghton resulted in a thorough and comprehensive report, according to McEntee who said at the time it was “fair and true” representation of the situation.

The report did make a number of recommendations regarding bail, suspended sentences and legislation, along with amendments to the Road Traffic Act.

The Dáil motion from Sinn Féin placed the coalition government in a difficult position, given that a number of Fianna Fáil TDs are in agreement that a public inquiry is warranted.

Speaking in the Dáil, Sinn Féin Matt Carthy said questions need to be answered as to why Gradzuiska was able to commit so many crimes but continued to be given bail.

Carthy has previously alleged that “many members of An Garda Síochána” have arrived at the conclusion that Gradzuiska was an informer for the organisation. Carthy repeated his assertions in the Dáil this evening. 

“A crucial question that has not been answered is why this man was in a position to crash into a young Carrickmacross lad, kill him and leave the scene, when he clearly should have been in prison in light of multiple breaches of multiple bail conditions set by multiple courts,” he said. 

Garda informer allegations 

Sinn Féin TD for Donegal Pádraig Mac Lochlainn told the Dáil this evening that he believes Gradzuiska was a garda informer, stating that it is the only conclusion he can reach for the reason why judges were not informed of his previous convictions when he was in court for other offences. 

Sinn Féin leader Mary Lou McDonald said this evening that O’Farrell had his whole life ahead of him, stating that his mother and father have had to carry on with a fight that no parent should have to. 

Gradzuiska had 42 previous convictions and should have been in custody at the time of the hit-and-run, said McDonald, who said there are serious questions for the gardaí into the treatment of his many crimes. 

“A judge can be wrong,” Fianna Fáil’s John McGuinness said today, stating that he won’t rest in calling for a public inquiry, along with other members from his party. 

The question is will you before the election is called put in place the terms of reference into a inquiry, he asked the minister for justice.

Sinn Féín’s Rose Conway Walsh appealed to Fianna Fáil TDs to drive forward and push for a public inquiry, stating that they need to use the last few months in government to advocate for it. 

Speaking to the minister, Conway Walsh said they were both mothers, telling her that “something doesn’t add up here”. She appealed to the minister to establish an independent quiry.