Justice minister found out from Labour TD that gardaí had supplied Carlow shooting gun
The 22-year-old was on bail for gun charges when he fired shots in a Carlow shopping centre before fatally shooting himself. It emerged that Mr Fitzgerald was supplied with guns and ammunition by undercover gardaí as part of a controlled operation.
Speaking under Dáil privilege, Mr Kelly said that under section 41 of the Garda Síochána Act 2005, the garda commissioner must inform the justice minister about any major issues, before asking: "Why did the garda commissioner not brief the minister for justice on the details of this case and the facts that there was an undercover operation and that the guns were supplied by An Garda Síochána?"
He added: "More important, is it appropriate and right that I, as a member of the opposition, had to ring the minister for justice about this and inform him about it? Is it correct that I had to tell him to go to the garda commissioner to ask him about the full details of this case?
"Would we have ever known the full details of the case considering what was said in court on March 4 last year? Would we have ever known the full details if I had not to ring the minister for justice on June 3 in relation to this?"
Responding, Tánaiste Simon Harris extended his sympathy to Mr Fitzgerald's family, but described it as a "complex case".
"Obviously, I am not privy, nor should I be, to when the garda commissioner does or does not use the provision in the act. That is a matter between the commissioner and the minister, but I understand the minister for justice has sought further information from the garda commissioner on the case."
A spokesperson for Mr O'Callaghan confirmed that Mr Kelly had rang him on June 3. The minister then made contact with the garda commissioner.
Appearing before the Oireachtas Justice Committee last week, Drew Harris confirmed that the guns Fitzgerald had purchased from the dark web were part of a "controlled delivery" operation.
"I would say that controlled delivery is very sensitive police methodology," Commissioner Harris said. "We use it for both organised crime and for our terrorist defence."
Mr Harris said Fiosrú, the Office of the Police Ombudsman, had looked into the issue. "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.
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