Preventable deaths will continue unless bail issue taken seriously, mother warns

By Cillian Sherlock, Press Association

There will continue to be preventable deaths if the Government does not take bail “seriously”, according to the mother of a man fatally struck by a hit-and-run driver.

Lucia O’Farrell has urged lawmakers to implement reforms, including giving gardaí power to arrest those they suspect of breaching bail conditions without a warrant, and transferring responsibility for prosecuting offences from gardaí to legal professionals.

On August 2nd 2011, her son Shane O’Farrell, a 23-year-old law graduate, was cycling home when he was struck by a car in the Carrickmacross area of Co Monaghan.

There needs to be a consequence and a deterrent for those who show scant regard for court orders

The Dáil has previously heard that the driver of the car, Zigimantas Gridziuska, failed to remain at the scene.

The Lithuanian national had a number of previous convictions including for theft and drugs offences.

On the day he struck O’Farrell, Gridziuska should have been in jail for breaches of bail conditions that were applied to him at the time.

On Tuesday, O’Farrell said the state needs to be “far more intolerant of violations of bail”.

She said: “Shane was a beautiful soul, exceptionally kind and good. He was witty, he loved life, nature, music and rugby.

“We simply adored him, he will remain a great loss to us, until we join him.”

While commending the Government for addressing the need to strengthen bail laws, O’Farrell said it would be difficult for those on bail to treat their conditions seriously if the state did not.

Appearing before the Oireachtas Justice Committee on Tuesday, she said: “The individual who killed our child had committed 30 offences while on bail over a two-year period.

“He was in breach of bail conditions from numerous district and circuit courts.

“Repeated breaches of bail were known but not acted upon, that is the real worry.”

She added: “If bail is fixed and not adhered to, that is a breach of a court order, there needs to be a consequence and a deterrent for those who show scant regard for court orders.

“Breaches of bail should always be brought to the attention of the court and ensure that there are objections for bail in all appropriate cases.

“The gardaí need to monitor compliance with bail conditions.”

Gridziuska was prosecuted in February 2013 for dangerous driving causing Mr O’Farrell’s death.

He was acquitted of that charge by direction of the trial judge and, under the law at the time, a lesser charge of careless driving was not open to the jury.

The Dáil has previously heard that he has returned to Lithuania.

O’Farrell’s family have been calling for a public inquiry into the circumstances of his death and why Gridziuska had not been in jail.

That call was supported by Fianna Fáil TD Jim O’Callaghan while he was in opposition but has not been delivered upon.

Mr O’Callaghan, who has since become Minister for Justice, told the Dáil last year that a scoping exercise into Mr O’Farrell’s death recommended that there should be no further public inquiry.

Delivering an apology to the O’Farrell family in the Dáil in May, he announced a range of reforms including a review of bail laws and suspended sentences, as well as an amendment to road traffic laws to allow juries to consider a lesser charge of careless driving in instances where a trial judge has directed the acquittal of a person on dangerous driving.

The review of bail laws was undertaken by Lorcan Staines SC last year.

Unless this Government takes the bail issue seriously, we will continue to see totally preventable crime and deaths like that of our beautiful Shane, devastating families and communities

O’Farrell focused on two recommendations of his report during her committee appearance.

These were the shift of responsibility for the prosecution of offences from gardaí in future to legal professionals and the amendment of The Bail Act 1997 to give gardaí power to arrest those suspected of breaching bail conditions without a warrant in order to bring them before the courts.

She said: “Unless this Government takes the bail issue seriously, we will continue to see totally preventable crime and deaths like that of our beautiful Shane, devastating families and communities.”