Ireland South MEP Michael McNamara has asked whether the court was misled in the case of the Carlow shooting, calling the claims around a Garda sting operation “worrying”.
In an interview with Gript this morning, the Independent MEP said it was important to establish the extent of Garda oversight in the events leading up to the incident, in which Evan Fitzgerald fired a shotgun at the Fairgreen Shopping Centre before fatally shooting himself.
“What we need to know is what degree of Garda oversight there was in this regard – what degree of oversight there is generally in such sting operations.” McNamara said.
He raised concerns about reporting from the time of Fitzgerald’s original bail hearing.
“It does appear from media, contemporaneous media reporting…that the judge asked, well, who was he buying the weapons from?” he continued.
“The reported answer in the media would seem to suggest that the judge might have been misled in that regard.”
He said this was a matter that required closer scrutiny.
“I know the ICCL has called for an examination of what oversight is in place of such sting operations,” McNamara said.
“I think that’s very important. And in particular, it’s very important to determine whether or not the court was misled.”
He emphasised the need for courts to be able to trust Gardaí.
“Courts very much rely on Gardaí to tell them the truth,” he said.
“They rely on the word of Gardaí as being the truth. And it would be very important to ensure that that remains the case and that Gardaí didn’t inadvertently or otherwise mislead a court in this regard.”
In a post on social media platform X yesterday, McNamara also referenced a question about Garda conduct in the case.
“Did Gardaí attempt to blame a judge for the fact that he was on bail when it was subsequently clarified it wasn’t opposed?” he wrote.
“Something is rotten in the state…”
The discussion follows a meeting of the Oireachtas Justice Committee earlier this week, where Labour TD Alan Kelly asked Garda Commissioner Drew Harris whether undercover Gardaí had carried out a “controlled delivery” of firearms to Evan Fitzgerald as part of a sting.
“Was this a controlled delivery of guns and ammunition?” Kelly asked.
Harris responded: “I would say that controlled delivery is very sensitive police methodology. We use it for both organised crime and for our terrorist defence.”
During the meeting Kelly said that he had “serious concern” about the whole issue.
“I have serious concern about our interaction earlier about Evan Fitzgerald,” he said.
“I have serious concern that he was engaged with by An Garda Síochána, that he was met by undercover members of An Garda Síochána, that guns and ammunition were taken from headquarters and delivered to him, that he was arrested, that An Garda Síochána agreed to his bail and that, subsequently, he killed himself. I have serious concerns in relation to all of that.”
Harris told the Committee that the incident had been reviewed by Fiosrú, the Office of the Police Ombudsman, which had found no further action was necessary.
“They have since examined the investigation file that was submitted by the Drugs and Organised Crime Bureau to the DPP, and they’ve responded that they have no further action that they wish to take in pursuance,” he said.
Kelly expressed disbelief at the speed of the Ombudsman’s response.
“I find that amazing,” he said.
“It’s the quickest thing that’s ever been turned around by them or their predecessors. There are investigations in relation to a whole range of things that have run on seven years, six years, five years.”
Evan Fitzgerald, a man in his 20s from Kiltegan, Co. Wicklow, died on June 1st after discharging a shotgun inside the Fairgreen Shopping Centre and then shooting himself.
Fitzgerald had previously been granted bail on firearms charges. Reports from the time described him as having a “fascination” with guns, which the court was told was considered more of a hobby than a threat. He had been due back in court imminently at the time of the incident.