Judge overseeing firearms case against Carlow gunman says court cannot overrule Garda consent to bail
The judge overseeing the firearms case brought against Carlow gunman Evan Fitzgerald has said he wants to 'set the record straight' following 'a lot of headlines about a man on bail'.
The 22-year-old fired shots into the air at Fairgreen Shopping Centre on Monday night before dying from a self-inflicted wound. No one was injured by the shots, but a young girl sustained a minor leg injury when she fell while running from the centre, gardaí said.
Mr Fitzgerald, from Portrush, Kiltegan, Wicklow, was on bail awaiting trial on four counts of possession of firearms and explosives in a forest near Ponsonby Bridge, Straffan, Kildare, in March last year. He was charged with possessing a G3 Heckler and Kock machine gun, a Remmington M1911 handgun and two types of ammunition.
His case was due back before Kildare District Court on Wednesday, when the charges against him were formally withdrawn.
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Judge Desmond Zaidan said the man's bail was set with the consent of gardaí on March 4th, 2024. Once gardaí have consented to bail conditions, bail must be granted, he said, adding that he has no power to overrule.
'It's up to gardaí. It's not unique to this case; it's in every bail application.'
Gardaí said on Wednesday that their investigation into the incident in Carlow is ongoing. The results of a postmortem on the deceased were not being released for 'operational reasons'.
Previously, the court heard gardaí alleged the firearms and ammunition were purchased on the dark web.
Gardaí told the court Mr Fitzgerald had made full admissions and had a 'fascination with firearms' and was 'big time into firearms'.
Gardaí initially objected to bail but withdrew their application on the basis of conditions being imposed.
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