The family of a Monaghan cyclist who was killed in a hit-and-run crash said they have “a lot of questions still outstanding” after meeting the Justice Minister.
On August 2nd 2011, 23-year-old law graduate Shane Farrell was cycling home when he was struck by a car in the Carrickmacross area of Co Monaghan.
The driver of the car, Zigimantas Gradzuiska, failed to remain at the scene.
The Lithuanian national had a number of previous convictions including for theft and drugs offences.
The Dáil has heard that the day he struck Mr Farrell, Gradzuiska should have been in jail for breaches of bail conditions that were applied to him at the time.
He was also serving a number of suspended sentences and there had been numerous warrants for his arrest which had not been executed.
The Dáil has also heard that the Garda Drug Squad stopped the car approximately one hour before the collision.
The car was in a dangerous, defective condition but was allowed to continue with Gradzuiska as the driver, the Dáil was told.
Mr O’Farrell’s family have been calling for a public inquiry into the circumstances of his death and why Gradzuiska had not been in jail.
That call was supported by Fianna Fáil TD Jim O’Callaghan while he was in opposition.
Mr O’Callaghan, who has since become Minister for Justice, told the Dail earlier this week that he cannot now ignore that a scoping exercise into Mr O’Farrell’s death recommended that there should be no further public inquiry.
He said he was open to referring the matter to the Oireachtas justice committee, which has yet to be established amid the ongoing speaking rights row.
The O’Farrell family do not believe referring the matter to that committee is necessary.
They want Mr O’Callaghan to follow through on the belief he held while in opposition that an inquiry should be held.
Shane’s sister Gemma O’Farrell said: “It feels like an unnecessary delay and kicking it into another process.
“We’ve had 13 years of various investigations and inquiries and at this stage we’ve exhausted all of them so I really would hope that the minister would do the right thing and order an inquiry.”
She said “lots of unanswered questions” remain about Gradzuiska’s interactions with gardai and the justice system despite the completion of the scoping report.
“I think we deserve answers to those questions, and most importantly, Shane does.”
She said there is no legal obligation on the minister to refer the matter to the committee, which she said would not be able to provide the family with any further answers or accountability.
“It is within the gift of the minister to order an inquiry if he deems it necessary.”
Shane’s mother Lucia O’Farrell added: “Surely no one is afraid of the truth.”
Speaking to reporters after meeting Mr O’Callaghan on Friday, the family said the minister listened to their concerns and assured them he would “think about the next steps”.
Shane’s mother said the meeting was positive and encouraging but said the family still has questions around why the driver was at liberty at the time of the collision.
Asked if they had been told if the matter would go to the justice committee, she said: “He hasn’t made a decision on that yet.”
Shane’s sister Aimee said: “We still don’t know why this man was at liberty on August 2. He was on bail at the time and he shouldn’t have been at liberty.
“We still need answers to those questions and we have a lot of questions that are still outstanding.”
The family says the case has broader public interest factors around public safety, warrants, suspended sentences and bail.
Lucia O’Farrell said: “There were warrants out that weren’t executed until after Shane was killed. He had committed 30 offences while on bail – our child lies in the grave.
“So we need answers and we’re entitled to answers.”
The Department of Justice said Mr O’Callaghan had “a very engaging meeting with the O’Farrell family”.
“He listened to their views and will now take time to consider the matter further.”
