Brendan Smith Calls for Public Inquiry into Shane O'Farrell Death
Brendan Smith urged a public inquiry into the death of Shane O'Farrell at Carrickmacross, saying the justice system failed the family. He said a convicted person with a litany of convictions was free and caused a hit-and-run that killed Shane, and he called for the inquiry process to be advanced without further delay.
Call for public inquiry
Brendan Smith described the circumstances as appalling and criticised the justice system for allowing a convicted person to be at large and responsible for a fatal hit-and-run. He told the House the O'Farrell family have been failed by the State and said justice needs to be done.
Family account and campaign
He recounted listening to Lucie O'Farrell outline, with clarity, the dysfunctionality of elements of the criminal justice system that led to her son's death. The O'Farrell family have campaigned with dignity and fortitude in seeking justice for Shane.
Scoping exercise by Judge Houghton
A scoping exercise was established by a previous Minister for Justice and Gerard Houghton was appointed to advise on whether a further investigation or inquiry was warranted. Judge Houghton furnished an interim report in November 2019 and made clear he would not restrict the family's submissions or the documentation they wished to provide.
Next steps and Department response
The record states Judge Houghton has been in contact with the O'Farrell family and, in the week beginning 5 July, wrote to the Department of Justice identifying minor matters to be addressed in one aspect of the inquiry. Once those matters are resolved he intends to seek comments and corrections from interested parties, including the family, before finalising his report; the Department will continue to provide assistance and the Minister for Justice looks forward to receiving the final report and updating the House.
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Ministerial and Government decision-making in regard to policing and justice, I wish to refer to the need to establish a public inquiry into the death of Shane O'Farrell at Carrick Macross. The person responsible for the death of Shane had a litany of convictions in courts north and south for serious offences. It was an appalling failure of the justice system that this convicted person was free and driving a car causing Shane's death in a hit-and-run accident. It is absolutely appalling that such a convicted person was not in prison. I listened on a number of occasions to Lucie O'Farrell, outlining detail and with great clarity the dysfunctionality of so many elements of the criminal justice system that led to her son's tragic death. The O'Farrell family have campaigned with great dignity and fortitude in seeking justice. Justice needs to be done. The scoping exercise was established by a previous Minister for Justice a considerable length of time ago. We need this public inquiry process to be advanced without further delay. The O'Farrell family have been failed by this state for far too long. Thank you. Secondly, Deputy Smith and Deputy O'Reilly raised the issue in terms of the death of Shane O'Farrell, and the absolute desire of Lucie O'Farrell and the family to get justice in respect of the tragic loss of their son Shane. I know Deputy Smith has been a long-term advocate for the family, and as you know, a highly respected attorney judge, Gerard Houghton, was appointed to conduct a scoping exercise into the tragic circumstances surrounding Shane's death. The purpose of that exercise was to advise in terms of a further investigation of inquiry and the manner of that, and to advise in the form of such an investigation or inquiry and in terms of reference, if he was of a view there should be one, although Doyle has committed to one, I have to acknowledge that. He furnished an interim report in November 2019. He said that at that stage he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation they wish to furnish to him in his scoping exercise. The judge is completely independent in conducting this scoping exercise. I can't comment on it right now or any aspect of the judge's work, but I do understand fully the desire of members in the House, Deputy Smith, Riley, Deputy McGuinness, and others who have consistently raised this to bring the scoping inquiry to a conclusion and to move forward. I genuinely regret the process has taken significantly longer than any of us would have liked. I am also aware that the judge is doing all that he can to ensure that the concerns which the family raised with him during the process are followed through to the greatest extent possible. I understand that Judge Houghton has been in contact with the Opharell family throughout his scoping exercise. Judge Houghton has recently written to the Department of Justice on the week beginning of the 5th of July indicating that there are some minor matters to be addressed in relation to one aspect of the inquiry. Once those matters have been addressed, he intends to see comments and or corrections on that aspect of the draft report from interested parties, including the Opharell family. Following receipt of responses from these parties, Judge Houghton will be in a position to finalise his report. The Department of Justice will continue to provide all necessary assistance to Judge Houghton, and the Minister for Justice looks forward to receiving his final report and to update the House in relation to the matter.
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