Lucia and Jim O’Farrell with their daughters outside Garda HQ this morning; Garda Commissioner Drew Harris
This morning, at 11.30am, the family of the late Shane O’Farrell will meet with Garda Commissioner Drew Harris at Garda HQ in Phoenix Park, Dublin.
Shane was 23 and cycling home when he was killed in a hit-and-run in Carrickmacross in Co Monaghan by Zigimantus Gridziuska, from Lithuania, on August 2, 2011.
At the time of Shane’s death, Gridziuska had 42 previous convictions and he was in breach of multiple bail orders and suspended sentences.
In addition, about an hour before Shane was killed, the Garda Drugs Squad pulled over the car Gridziuska was travelling in, along with Paulius Paplauskas/Petrosas and Edgars Zelenousy, on suspicion that they had drugs in their possession.
Zelenousy was driving the car when it was pulled over. The O’Farrell family understand the gardaí asked the men to get out of the car, searched them and then got Zelenousy to switch with Gridziuska, thus resulting in Gridziuska being behind the wheel. Zelenousy had no insurance.
The car was then waved on.
Following Shane’s death, Gridziuska was arrested and the car he was driving was found concealed in bushes.
He was eventually acquitted of dangerous driving causing death.
He pleaded guilty to failing to stop, report or remain at the scene of the crash and he received an eight-month suspended sentence on February 28, 2013, on condition that he leave the country within 21 days.
Judge Pat McCartan, at the Circuit Criminal Court in Dublin, gave Gridziuska the choice of serving the eight months or leaving the country and he chose the latter.
During the sentencing of Gridzisuka, Shane’s mum Lucia O’Farrell claims Judge McCartan asked if there was anything coming up in the pipeline for Gridziuska and that the State solicitor failed to notify the judge that – over the five months before Gridziuska’s trial – a file had been prepared in relation to insurance fraud charges against Gridziuska.
Ms O’Farrell repeatedly requested for this file to be compiled and completed so that it could be included in the proceedings of the case of dangerous driving causing death.
But it wasn’t.
On March 1, 2013 – one day after Gridziuska dangerous driving trial finished – the file on Gridziuska’s insurance fraud was submitted to the DPP.
Then on March 6, 2013 – just days after he was ordered to leave the State within 21 days – Gridziuska appeared in Carrickmacross District Court for insurance fraud and he was jailed for five months by Judge Sean MacBride in relation to three policies of insurance fraud, one of which covered the day on which Shane was killed.
Judge MacBride also banned him from driving for ten years.
On June 14 last, a motion was accepted in the Dail calling on the Government to establish a public inquiry into Shane’s death but such an inquiry has yet to be established.
“It is clear there are a number of troubling matters surrounding the circumstances leading up to the road traffic incident in which Shane O’Farrell’s life was cut tragically short. The GSOC report clearly identifies those matters.
“They were, in fact, failures. In the debate in the other House last Tuesday, I was emphatic that I accepted that they were failures. A man, who had numerous previous convictions, including for theft, drugs and road traffic offences, and who was on bail at the time of the incident, had also been arrested for other offences while on bail.
“We all know there are laws related to the obligations on those who obtain release on bail and there are sanctions if those bail conditions are breached. Unfortunately in this particular case those sanctions were not implemented and there was a failing.
“…The failings in the follow-up following a breach of a bail condition is unacceptable.”
Ahead of her meeting with the Garda Commissioner this morning, Lucia writes:
“Gridziuska would have been in jail if the gardai had done their basic duty, in accordance of the orders of various courts. Bail had no legal meaning for Gridziuska or the gardai. We are seven years with no answers and no accountability.”
Previously: Shane O’Farrell on Broadsheet
Pic: Conor Hunt