Thomas Pringle (Donegal, Independent) | Oireachtas source

I thank the Leas-Cheann Comhairle for the opportunity to contribute to these statements on the final report on the independent scoping exercise into the circumstances surrounding the death of Shane O'Farrell. I welcome his family here today as well to listen to this debate.

It is absolutely devastating that the O'Farrell family has been forced to continue this fight against the State to get answers they need over the past 12 years since Shane's untimely death in 2011. Unfortunately, their fight will have to continue after this scoping report. I again express my condolences and anger that they are continuously forced into this position. It is unacceptable that they have to do this and that despite being raised so many times in this House, we still have not received the answers they are so desperately looking for. There are still many serious issues here that remain unaddressed. All the O'Farrell family are looking for is answers but it seems their questions are exposing some very troubling truths that the State would rather not bring attention to.

The scoping exercise report was extremely disappointing for those who have waited so long to see it published. It is clear that there are very big unexplained holes in the report. The scoping exercise has failed to uncover thorough or factual answers to vital questions relating to Shane's death and there are serious issues regarding breaches of bail in this case as well. Shane, his family and public deserve the truth and this report only continues to keep the truth from us.

The Minister stated in her opening statement that:

The judge also finds that there are no circumstances in the context of granting, objecting to or revoking bail, or the monitoring of compliance with the conditions of bail, that warrant further inquiry. He makes a similar finding about the systems and procedures for the sharing of information between the Garda, the Courts Service and other relevant State bodies operating at the time of Shane O'Farrell's death.

Everything is rosy in the garden. What are we even talking about then so?

It is clear that the reviews by GSOC, the independent review mechanism and the Courts Service into the incident did not go far enough and present more questions than answers. The section 103 GSOC report is completely unsatisfactory and contains many mistakes, inaccuracies and omissions. The fact that this has not been acted upon is extremely concerning and raises many serious questions regarding GSOC reporting. We have not been allowed access to the section 101 GSOC report upon which the investigation was based. Despite Judge Haughton emphasising that it is important not to judge the GSOC investigation on the basis of the section 101 report alone, he failed to request the section 101 report.

In respect of the Courts Service, this case highlights some very concerning failures in its practices and procedures.

Despite the Courts Service recognising this, it does not address the fact that decisions were made in part on the basis of incorrect information on the official record regarding convictions and sentences. The scoping exercise report does not explain why Zigimantas Gridziuska was at liberty having committed in excess of 30 offences while on bail from various District and Circuit Courts for almost two years before the incident in 2011. There are questions as to whether An Garda Síochána was using him as an informer. That might have been the case. It certainly seems to me that might be a better outcome as far as the State is concerned.

At the time of the incident, Zigimantas Gridziuska was on bail and in breach of bail conditions from Virginia District Court, County Cavan, Monaghan Circuit Court, Carrickmacross District Court and was on a suspended sentence and bond to keep the peace in Ardee District Court, County Louth and in Newry, Northern Ireland. He had received two prison sentences which were never served. In the first instance, the Courts Service admitted error and in the second, gardaí wrote the incorrect numbers on a statement and evidence bags. This is not addressed in the scoping exercise report. This raises crucial questions on various aspects of the criminal justice system including the functioning of bail and the potential use of Garda informers.

I have continuously raised my concerns about the justice system in this country. It is clear that the justice system is in urgent need of reform. The Department of Justice is at the root of many of the problems in this State. We have had problems with An Garda Síochána, the Courts Service and Prison Service. This is an example of serious neglect.

I am reminded of a comment I heard on the McBrearty case, another famous recent case, namely that the purpose of the State is to make sure the questions about McBrearty stay in Donegal. This is a perfect example: that the State has to make sure that the questions about the treatment of the O’Farrell family stay in Monaghan because we do not want to admit that it could be going on right across the country. I wonder what the bail system is like in Donegal, Tipperary, Cork or Kerry because if it is anything like the bail system in Monaghan, we are being failed and let down every day in this State. It is incumbent on the Minister to address this and to hold a public inquiry to ensure that this does not stay in Monaghan but that it goes across the whole country and we see changes coming from it.

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