THE GOVERNMENT has apologised to the family of a young man who was killed in a hit-and-run in Co. Monaghan 14 years ago, admitting there were ‘failings within our justice system’.
Shane O’Farrell, 23, was struck by a car while cycling near his home in Carrickmacross on August 2, 2011.
The driver, Zigimantas Gridziuska — who had been stopped by gardaí an hour before the incident — fled the scene, hid his car and failed to report the collision until the following day.
In the 31 months prior to Mr O’Farrell’s death, Gridziuska had been convicted of 30 offences, all while he was on bail.
On the day of Mr O’Farrell’s death, Gridziuska was on bail for at least six offences, while several custodial sentences had not been imposed.
Speaking in the Dáil yesterday, Minister for Justice Jim O’Callaghan said it was incumbent upon him ‘to apologise to Shane O’Farrell and the O’Farrell family for the fact that the criminal justice system did not protect him as it should have’.
“I do so apologise,” he added.
In his apology, the Minister ordered a review of the country’s bail laws ‘to prevent other families having to suffer in the way the O’Farrell family have suffered’.
Failings
Mr O’Callaghan highlighted failings from the state in the period before the incident.
The first was the improper filing of Gridziuska’s appeal in June 2010 after being convicted of heroin offences.
The failure to record this appeal meant that there was never a determination as to whether his six-month sentence for the offences should be activated.
Instead, by simply lodging an appeal on the day of his conviction, Gridziuska avoided ever having to serve the sentence imposed.
Gridziuska committed 10 further offences over the following seven months, with four of the cases coming before Judge John O’Hagan at Monaghan Circuit Criminal Court on January 11, 2011.
The judge adjourned the cases for a year, saying he would adopt a lenient approach if Gridziuska kept out of trouble.
However, he directed that Gridziuska should be brought back before the court if he committed further offences and have a custodial sentence imposed.
In fact, Gridziuska went on to commit or be convicted of a further 11 offences between that date and Mr O’Farrell’s death seven months later but was never returned to the judge.
One of the offences, relating to a drugs charge, saw Gridziuska convicted and sentenced to six months in prison on February 16, 2011 — less than six moths boefre Mr O’Farrell’s death — but he was released after appealing his conviction and lodging €1,000 in lieu of surety.
“The O’Farrell family believe, and I agree with them, that had those convictions on February 16, February 23, March 8, May 9, May 11, June 8, July 15 and July 25, 2011 been brought to the attention of Judge O’Hagan, as he directed in his ruling of January 11, 2011, the likelihood is that Gridziuska would have had a custodial sentence imposed upon him on any of those dates,” said Mr O’Callaghan.
“Had this occurred, Gridziuska may not have been at large on that fateful day on August 2, 2011 when Shane was killed whilst on his bike.”
Incalculable loss
Gridziuska was prosecuted in February 2013 for dangerous driving causing Mr O’Farrell’s death but was acquitted by direction of the trial judge, who told the jury there was no evidence to support the charge.
He pleaded guilty to failing to stop his car at the scene of an accident, failing to report the accident as soon as possible to gardai and driving a vehicle in a dangerously defective condition.
He received a suspended sentence of eight months on condition that he leave Ireland for his native Lithuania and was not allowed to return for 10 years.
On the night of his death, Mr O’Farrell had been out cycling in preparation for a charity triathlon.
He had just completed his Masters in Law at Trinity College Dublin, having secured a Law degree from UCD.
“That life was never lived because Shane was killed that evening,” said Mr O’Callaghan.
“His loss was incalculable. His family’s was interminable.”