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No evidence of criminal conduct by gardaí found in GSOC review of Shane O'Farrell death inquiry

Shane O'Farrell died in a hit and run while cycling near his home in Co Monaghan in August 2011
Shane O'Farrell died in a hit and run while cycling near his home in Co Monaghan in August 2011

The Garda Síochána Ombudsman Commission has said it has found no evidence of criminal conduct by gardaí in the investigation into the death of Shane O'Farrell almost seven years ago.

The 23-year-old law graduate was killed in a hit-and-run while cycling near his home in Carrickmacross, Co Monaghan on 2 August 2011.

The driver of the car, Zigimantas Gridziuska, had previous convictions including for theft, drugs and road traffic offences and received suspended sentences for some of these.

Originally from Lithuania, he also had convictions there for theft and criminal damage.

Gridziuska was on bail for other charges at the time of Mr O'Farrell's death. He left the scene but later handed himself in to gardaí.

The O'Farrell family complained to GSOC, which investigated 56 complaints.

These including alleged failures by gardaí relating to the fact that Gridziuska had breached bail conditions in the months before the hit-and-run; an alleged failure to check tax and other matters when the car that hit Mr O'Farrell's bicycle was stopped shortly before the collision; an alleged failure to bring charges against a person for withholding information about the incident; and an alleged failure to keep the O'Farrell family informed of certain matters.

The GSOC report published today found there were no grounds for criminal proceedings against any gardaí in relation to the complaints.

However, GSOC identified conduct that may lead to disciplinary proceedings and is continuing to examine 13 of the 56 allegations under the Garda Discipline Code.

These include an alleged failure to check tax and other matters related to the car and the owner of the car and an alleged failure to bring bail conditions to the attention of the court or to reactivate a suspended sentence prior to Mr O'Farrell's death.

The Minister for Justice has told the Dáil that there are a number of matters surrounding the circumstances of the death which are of concern.

The O'Farrell family has called for a public inquiry, but Charlie Flanagan said the GSOC disciplinary investigation must be completed before any decision on further action can be taken.

During the Dáil debate, Fianna Fáil’s Jim O'Callaghan said Mr O'Farrell's death "reveals a very significant inadequacy and inefficiency at the heart of our criminal justice system".

Sinn Féin leader Mary Lou McDonald said it was six years since the family submitted their first complaint to GSOC. She said her party was "deeply concerned with the inadequacy" of the GSOC report.

Labour TD Sean Sherlock echoed the calls for a public inquiry as there was "an overwhelming desire in the [Dáil] for an independent public inquiry on this matter".

The report makes a number of recommendations including that victims should be provided with appropriate information about a case and given it in a timely fashion.

It also says that better communications between the courts, gardaí and the Irish Prison Service may prevent significant issues being overlooked or missed, such as bail conditions that may have been breached.

Additional reporting by Conor McMorrow