‘Constitutional limits’ to bail reform, Taoiseach says
By Cillian Sherlock, PA
A shooting incident at a shopping centre in Co Carlow involving a man on bail could have been a lot worse, the Taoiseach has said, as he said there are “constitutional limits” on reforms around the release of people facing charges.
A man died in the incident at Fairgreen Shopping Centre in Carlow town on Sunday.
Gardai said the man, named locally as Evan Fitzgerald, in his 20s, from Kiltegan in Co Wicklow, had earlier walked through the retail premises firing a shotgun in the air.
A spokeswoman said he then shot himself, after being challenged by armed gardai.
He had appeared in court last year with two others on firearms offences, and it is understood he had been facing an imminent further court appearance.
At a hearing last year, when the then-steel yard worker was granted bail with strict conditions, the court was told he had a “fascination” with firearms but that the interest was more of a hobby than a “nefarious” one.
Asked about the incident on Tuesday, Mr Martin said: “I’m very conscious that a family is in mourning over the weekend and today we should always be conscious of that.”
He added: “We’re always extremely grateful to our emergency services and personnel.
“Our first responders do heroic work, work that is often very traumatic but that is essential.
“We always owe them our appreciation and I always recognise their work.”
Mr Martin said Justice Minister Jim O’Callaghan had announced a review of bail laws last week but added that there were “constitutional limits” on what can be done.
He said there could be work on speed and timing of prosecutions and court cases, and improvements to ensure that time on bail is shorter.
When put to Mr Martin that the shooting could have been avoided had bail not been granted, and asked if he would agree that the incident could have been a lot worse, he replied: “It could have been, and anything to do with firearms is extremely serious.
“But the constitution is as it is, the law is as it is, and the courts took a decision on the occasion to grant bail.”
He added: “That’s the reality of it and that’s the issue there and that’s why the minister has initiated a review of bail laws.”
Education Minister and Fine Gael deputy leader Helen McEntee said there is a right to presumption of innocence in the constitution.
She said the courts have to make bail decisions based on all the facts that they have at the time.
Ms McEntee, who was formerly minister for justice, added: “But I think it’s important that we continuously review all of our laws, including our bail laws, to see how we can improve them and make them work best.”
