Alan Kelly asks why it was left to him to give Justice Minister details on Carlow shooter
Alan Kelly asks why it was left to him to give Justice Minister details on Carlow shooter
Labour TD Alan Kelly has asked in the Dáil why it was he who had to inform the Minister for Justice of details about the Evan Fitzgerald case instead of the Garda Commissioner doing so.
Mr Fitzgerald (22) entered the Fairgreen Shopping Centre in Carlow town on June 1 and discharged a number of rounds from a shotgun before taking his own life.
He had been facing 13 charges for possessing military-grade guns, ammunition and explosive substances following a garda investigation into the purchase of firearms on the dark web.
Last week Mr Kelly queried the manner of the garda operation leading to Mr Fitzgerald’s arrest, including deploying undercover detectives to carry out a ‘controlled delivery’ of decommissioned weapons.
Separately, Independent senator Michael McDowell told the Seanad that the events in Carlow “could have been avoided” through diversion rather than “entrapment” or prosecution by gardaí.
Today, Mr Kelly said Mr Fitzgerald had "tragically and very publicly" taken his own life after getting bail following an undercover garda operation and being charged.
"I'm asking why the Garda Commissioner didn't inform and brief the Minister for Justice of the details of this case," Mr Kelly said, citing legislation requiring that this be done.
The details the Minister should have been briefed on, Mr Kelly argued, included "the fact that it was undercover and the guns were supplied by An Garda Síochána."
He added: "Is it right that I, as a member of the opposition, had to ring the Minister for Justice in relation to this and inform him of that?
"I had to go and tell him to go to the Garda Commissioner to ask him about the full details in relation to this case.
"Would we have ever known about the full details relation to this case, considering what was said in court, if I hadn't contacted the Minister for Justice on June 3 in relation to this?"
Tánaiste Simon Harris expressed sympathy with Mr Fitzgerald’s family, saying he was "a county man of mine, and I know it's been a great shock in the local community in Wicklow as well."
The Fine Gael leader suggested that it was "a complex case."
He added: "I'm obviously not privy - nor should I be - to when the Garda Commissioner does and doesn't use that provision in the Act [to inform the Minister for Justice].
"That's a matter between himself and the minister. But I do understand that the Minister for Justice has sought further information from the Garda Commissioner on the case.
"I also note the comments of the Taoiseach last week in relation to this issue and a need for a review.
"I would support the Taoiseach in his comments."
A spokesperson for An Garda Síochána said: “An Garda Síochána does not comment on the detail of meetings between the Commissioner and the Minister for Justice, Home Affairs and Migration.
“Evan Fitzgerald was charged with a number of serious offences following independent evaluation of the Garda investigation by the Director of Public Prosecutions.
“The death of Mr Fitzgerald is now a matter for the independent Coroner. The Coroner is best placed to determine such matters independently rather than speculation.
“As part of this Garda operation, two other individuals remain before the Courts with one of those individuals before the Courts yesterday for pleadings, the result of which is a matter of public record via media reporting, so as such the matter is sub-judice.
“In general, and without commenting on any specific case, An Garda Síochána uses a range of internationally recognised investigative techniques when tackling serious crimes such as drug dealing and procuring of firearms, either of which could then be used to cause significant harm to the public.
“One of these is controlled deliveries. In controlled deliveries if any material is used it is safe or made safe by the law enforcement agency before being used, i.e. firearms are deactivated,” the spokesperson said.
Join the Irish Independent WhatsApp channel
Stay up to date with all the latest news