David Norris (Independent) | Oireachtas source

What was this man doing on the independent review commission at all? What was his function there?

Then there is the question of the events on the day on which the incident took place. An hour before the incident, the car containing Mr. Gridziuska was stopped by the Garda.He had no tax and no NCT. That car, by law, should have been seized. Had it been seized at that point Shane O'Farrell would still be alive.

I refer to the recommendations of the GSOC report. One is that attendance in court for victims, especially in cases involved with fatalities and serious assaults, can be particularly traumatic. Where has that come from? Of course it is traumatic, but what is really traumatic is the death of a beloved member of the family. The report says better communication between the courts, gardaí and the Prison Service might prevent significant issues being overlooked or missed. How many times was the situation regarding bail overlooked, missed or not adverted to? In my opinion the judge should always ask whether there was any question of bail.

I have been involved in this case since early 2012 when I had communication from Mrs. O'Farrell. She sent me a photograph which I have here of a happy scene - a mother, a father and a handsome, brilliant young son at a graduation. Here is what Mrs. O'Farrell wrote. I have her permission to read this into the record. I think it is important to put the human face on matters:

The inquest last week brought us to an all-time low. I heard details of how lovely Shane lost his life, dreadful details that no human being should ever be subjected to. My poor Shane was hit from behind, airborne for a while, carried on the roof, bonnet and windscreen of the car. He was then flung from the car and slid along the road. I simply could never have imagined in my worst nightmares that something so horrific could happen to someone so loved, so perfect.

Let us look at the catalogue of what has happened. First of all, Mr. Gridziuska came into the country trailing a list of criminal offences behind him, but he behaved as if he had no record. He had 42 convictions when he killed. This was not something that happened accidentally, just out of the blue. It was something that was almost inevitable given the character and behaviour of the principal perpetrator. He had seven convictions for heroin and he also abused alcohol. What state of mind was this person in driving a car - an untaxed, uninsured, untested car? That car was subsequently tested and it was found that when one turned the wheel to the left it continued to the left until it stopped and the same when it was turned to the right. He was in multiple breaches of bail. He was on bail from Carrickmacross District Court. He was on bail from Cavan. Seven months before he killed he attended Monaghan Circuit Court where the case was adjourned on condition that he stay out of trouble, not commit further theft offences and if he was arrested for theft, he was to be returned anywhere on the circuit and he could be jailed. He committed nine theft offences between that court order on 11 January 2011 and killing Shane on 2 August but the Garda failed to return him to Monaghan court.

In May 2011, four months after the Monaghan Circuit Court appearance, he committed five days of theft in County Louth. The judge was not informed of the conditions set out at Monaghan Circuit Court and gave him a four-month sentence, but suspended it for two months. He also entered a bond to keep the peace. On 11 May in Dundalk he was convicted of speeding. Two weeks later he reoffended with another theft. No effort was made to return him to Monaghan Circuit Court as per the order of the court. No action was taken to reactivate the four-month suspended sentence.

On 14 July, two weeks before he killed, he was arrested in Newry, Northern Ireland, for three offences of theft. The interesting thing is that the Garda misinformed the public about this. The PSNI contacted the Garda to get information on his background, so the Garda was well aware of the situation at that point. In all those circumstances, given the multiple offences, and the fact that had the Garda on numerous occasions acted as it was required to do, Shane O’Farrell would be alive today.

It seems to me that the only thing to do is to have a full, independent and public inquiry. I have met with Mrs. O'Farrell on many occasions over the past six years and I have found her to be a very remarkable woman. She is a woman of extraordinary strength and intellectual vigour in pursuing justice for her son, but she needs closure. She needs to be able to close the book on this terrible case and to grieve properly for her beloved son.