Labour TD Alan Kelly has told the Dáil it was he who first informed the Minister for Justice it was undercover gardaí who supplied guns to Evan Fitzgerald, the young man who took his own life at a Carlow shopping centre.
He questioned why the Garda Commissioner Drew Harris did not inform and brief Jim O’Callaghan “of the details of this case and details of the fact that it was undercover and the guns were supplied by An Garda Síochána”.
Tánaiste Simon Harris told him said this was a matter between the Garda Commissioner and the Minister and that he supported a call last week by the Taoiseach for a review into the case.
Mr Kelly said that under section 31 of the 2005 An Garda Síochána Act the Commissioner is obliged to inform the Minister “about any major issues”.
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“Is it appropriate, is it right that I as a member of the Opposition had to actually ring the Minister for Justice in relation to this and inform him”, that undercover gardaí supplied the gun, he said.
The Tipperary TD has previously raised the case of the 22-year-old in the Dáil. Mr Fitzgerald had fired shots in the air in a Carlow town shopping centre before taking his own life on June 1st and Mr Kelly phoned the Minister with the information two days later.
The Kiltegan, Co Wicklow man was on bail and due in court days later to face 13 charges relating to possession of guns, ammunition and explosive materials.
Mr Kelly, who said he rang the Minister on June 3rd to tell him about the involvement of undercover gardaí, asked: “Is it correct that I had to tell him to go to the Garda Commissioner and ask him about the full details in relation to this case?”
Mr Kelly raised the issue in the Dáil last week and asked about reports of the court case which suggested that the gardaí had told the judge in the case that they were “investigating” how Mr Fitzgerald and others acquired the guns.
“The guns were actually given to him by An Garda Síochána ... How could they say in court that they didn’t know where the guns came from?” Mr Kelly said.
Independent Senator Michael McDowell had also raised the case in the Seanad last week. He said he was “very deeply concerned that, by informing the court that the gardaí were still investigating by whom the weapons in question were sold, the court was actively misled”.
Mr Harris expressed sympathy to Mr Fitzgerald’s family. “He’s a county man of mine and I know it’s been a great shock in the local community in Co Wicklow.
“I understand this is a complex case and I’m obviously not privy, nor should I be to when the Garda Commissioner does or doesn’t use that provision in the Act.
“That’s a matter between himself and the Minister, but I do understand that the Minister for Justice has sought further information from the Garda Commissioner on the case.”
The Tánaiste noted comments last week by the Taoiseach and the need for a review “and I would support the Taoiseach in relation to his comments on that”.
