Maureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

In 2011, 23 year old Shane O'Farrell was cycling and was killed in a road accident by somebody who was on bail and had multiple previous convictions for theft, drugs and road traffic offences. I have met many people in my ten years here but Shane's mother made a tremendous impact. She and her family have been tireless since 2011 in seeking justice for Shane.

The injustice comes from an inefficiency in our criminal justice system that allowed the culprit to be on the road on 2 August 2011. He should not have been on the road that night because, some time before the tragedy, a judge in Monaghan had said that if that driver was convicted of other offences, he was to be brought back before the judge and would be jailed. He was convicted subsequently but was not brought back to the court in Monaghan, where he would have received a prison sentence and so would have been in jail on that fatal night in August. He would also have been back in jail following convictions for speeding in May, possession of heroin in June, theft in July and a further conviction in July for having no tax disc. Those were all breaches of his bail bond. The question is why he was not brought back before the court. The family has not had an adequate answer to that to date. They have been failed by the system because that Lithuanian man should have been in prison.

While the Minister said he was not placing any restrictions on Judge Haughton, the family found the draft terms to be far too narrow. They wanted the previous crimes to be included and I do not think that is unreasonable. There are questions of whether the coroner and jury had all the evidence. Judge Haughton included these matters that are so important to the O'Farrell family, previous prosecutions and the statutory inquest, but the Attorney General rejected them. The new terms are very narrow and will not answer the questions. Did Judge Haughton have the freedom and space to draft the terms of reference or were they being restricted and constrained by the Department? What is the point of an inquiry that cannot answer questions and give a comprehensive report? Does the Minister really want to find the truth. Serious errors resulted in a man being at liberty when he should never have been at liberty and so able to cause this tragic death. We have the irony of the two members of US Veterans for Peace, one 78 and the other 82, who have never committed a crime in this country, being on really strict bail conditions, whereas Mr. Gradzuiska could do anything he liked when out on bail and could also leave this jurisdiction. There are certainly injustices in that.

We have had Dáil and Seanad votes for a full public inquiry. It is regrettable that the family still needs to campaign for justice. I heard Shane's mother speaking in the Mansion House some time ago. Her wish was that no other family would have to endure what they have endured. I heard the Minister, Deputy Flanagan, speak about potential legal challenges, the interim report and the judge having freedom etc., but the family's confidence must be seriously undermined at this stage. I dislike the word "closure" because there will never be closure for the O'Farrell family but at least there can be answers. They have been campaigning for more than seven years. They should be able to let Shane rest in peace and to rest in peace themselves, but justice is demanded first.

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