O'Farrell family call for reform of Ireland's bail laws

The family of Shane O'Farrell, who was killed in a hit-and-run incident, have called for the reform of Ireland's bail laws.

The 23-year-old was killed on 2 August 2011 in an incident involving a man who was on bail in Co Monaghan. Mr O'Farrell had been cycling near his home in Carrickmacross.

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

He left the scene but later handed himself into gardaí.

A ruling from Monaghan Circuit Court in January 2011 meant the Lithuanian national should have been in jail at the time of Mr O'Farrell's death.

Instead, he remained on bail despite being arrested on both sides of the border for various crimes.

Last year, Minister of Justice Jim O'Callaghan issued a Government apology to the O'Farrell family and promised reforms.

He also commissioned a review of the country's bail laws which were compiled by Lorcan Staines SC.

Mr Staines said he made 15 recommendations in the report.

One of his recommendations is that gardaí should have a power of arrest where they reasonably suspect that an individual is in breach of their bail conditions.

Other recommendations include the introduction of legislation to place people under house arrest in cases where bail would otherwise be refused and more bail conditions which could require people to attend things like addiction counselling.

However, Mr O'Farrell's mother Lucia said little action has been taken to reform Ireland's bail laws since then.

This afternoon, addressing the Oireachtas Justice Committee, she said: "The longer the delay in dealing with reform of bail laws, the more law-abiding citizen are refused by Government a basic level of protection on our roads and streets."

Ms O'Farrell urged the Government to act on the 15 recommendations to "ensure bail laws are enforced and public safety is protected".

"Failure to do so would expose citizens to life threatening risks, resulting in tragic outcomes, as was the case with our beloved Shane," she said.

Ms O’Farrell said: "If the facts aren't being brought to the court, the judge might let someone on bail who is a danger to the community."

Speaking in the Oireachtas Committee on Justice, Fianna Fáil senator Anne Rabbitte said Ms O’Farrell had shown members "where the gaps are in plain English".

Sinn Féin TD Matt Cathy said Mr O’Farrell and his family had been "failed by the State".

In a statement, the Department of Justice said Ireland’s bail laws are "comprehensive" and the Bail Act 1997 has been "revised and strengthened several times".

A spokesperson said: "This examination of our bail laws and subsequent proposals underlines the need for additional actions to be considered, to ensure the criminal justice system effectively mitigates against risks that may be associated with individuals on bail."

They said a "number of the recommendations are under active consideration, or already in the process of being implemented, across the department".

"It is proposed that a further Memorandum for the Government will be brought on any further implementation of the recommendations in due course," the spokesperson added.

Meanwhile, Mr O’Farrell’s mother said they will continue to advocate for reform and public safety.

"It won’t help Shane. It won’t help his heart beat once. It won’t give him one breath. But it might help more families in the future and that’s important," she said.