Dáil debates

Thursday, 31 May 2018

Fatal Road Traffic Collision in County Monaghan in 2011: Statements

 

1:20 pm

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

I welcome Lucia O'Farrell and her husband and family to the Visitors Gallery. They are observing this debate and will continue to do so until such time as an inquiry is established. The report does not cover accurately the aspects of the event, the case and happenings before 2011. Some of the descriptions in the report are quite insulting and I am sure it causes the O'Farrell family further stress, anger and frustration. For example, in speaking about the individual who murdered Shane appearing at the Garda station, the report states he admitted it to gardaí. What it does not state is that he was in custody in the Garda station for 11 hours before he admitted what he had done. It was only on the presentation of the evidence by his wife that he admitted that he had been involved in the accident and had caused the death of Shane O'Farrell.

The other aspect of the report concerns GSOC. It stated the outcome was entered on the Garda PULSE system. The O'Farrell family were told that it had not been entered on the PULSE system. They named the garda in question - I will not name them - and said it had been an error. Who is telling the truth about what happened to Shane O'Farrell?

Let us look at the truth. The criminal who killed Shane O'Farrell had been in breach of multiple bail conditions. On the night he killed Shane the criminal had 42 convictions. He was known to Interpol, the PSNI and the Garda. When he was in the neighbouring jurisdiction, the PSNI had him. He had been caught for further offences. When the family asked the Garda if it was aware of this, it stated it had not been made aware of it by the PSNI. There is a letter from the PSNI confirming that it was in contact with the Garda and had explained the issues surrounding the individual who had murdered Shane O'Farrell. Someone is not telling the truth.

The other issue is that in 2014 GSOC was requested by Alan Shatter, using the powers conferred on him under section 102(5) of the Garda Síochána Act 2005, to carry out a public interest inquiry. He urged it to look beyond what it was dealing with in the context of the report. The report does not deal with all of the complaints made by the O'Farrell family. It only deals with a small number of them. It does not deal with the full extent of the 42 convictions outlined of the man who killed young Shane O'Farrell. He had never served time in custody before 2 August 2011, notwithstanding the fact that he had 42 previous convictions.

He had seven convictions for possession of heroin and was the subject of inquiries regarding the abuse of alcohol. On the night in question the registration of the car was flagged on the Garda system. The gardaí knew the three individuals in the car. There is no doubt about that. They had a criminal record and despite the driver of the car being uninsured and the car having no national car test certificate, nothing was done about it. The gardaí knew all of this and within an hour he had killed Shane O'Farrell.

This issue is as much about the O'Farrell family. They are central to this. Deputy O'Callaghan said they deserve the transparency and accountability. The State deserves it. It is not just Shane O'Farrell, it is the system from the Director of Public Prosecutions, DPP, down to the courts that needs to be examined. Please do not make them wait another six years.

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