2 days ago
Trial date set for men charged with firearms offences in case linked to Carlow shooter
TWO YOUNG MEN who were charged last year for a number of firearms offences alongside Carlow shooter Evan Fitzgerald are set to go on trial later this month.
Shane Kinsella, with an address at Tynock, Kiltegan, Co Wicklow, and Daniel Quinn Burke of 1 Allendale Lawns, Baltinglas, Wicklow, appeared before Judge Desmond Zaidan at Naas District Court this afternoon.
The men, both aged 21, were charged with four firearms offences in March 2024 along with Evan Fitzgerald – the young man who fatally injured himself with a shotgun in Fairgreen Shopping Centre on Sunday.
All three faced four charges: two charges in relation to possession of weapons and two charges in relation to the possession of ammunition under the Firearms Act.
The three men have been remanded on bail since March 2024.
During a hearing for Kinsella and Quinn Burke in relation to the charges this afternoon at Naas Discrict Court, Judge Desmond Zaidan withdrew the charges against Evan Fitzgerald whose death he described as 'a suicide'.
Zaidan said that the withdrawl of the charges against Fitzgerald was done under the direction of the Director of Public Prosecutions (DPP). Charges are dismissed as a matter of course if a person facing charges has died.
Kinsella and Quinn Burke will face trial for the firearms offences at Naas District Court on 18 June.
The pair were charged with possession of .45 calibre M1911A1 semi-automatic pistol, as well as a 7.62mm G3 assault rifle and a range of ammunition.
'Hiding behind my court'
During the proceedings, Judge Zaidan said that he 'wished to clarify' recent reporting on the bail conditions of Evan Fitzgerald, who used a legally-owned shotgun to carry out the shooting in Fairgreen Shopping Centre on Sunday.
He had no prior convictions or known links to serious crime, which meant there were no grounds to oppose bail when he was charged with firearms and explosives offences last year, the court heard.
Fitzgerlad's bail conditions were also relaxed after a period of months because he had so closely complied with all of the conditions initially imposed on him.
Taoiseach Micheál Martin said yesterday that a review of bail laws is already underway, but added
that there are 'constitutional limits' on reforms around bail in Ireland
.
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Addressing press reporters in the court, Judge Zaidan delivered a prolonged address from bench, during which he stressed that gardaí had consented to granting bail for Evan Fitzgerald and the other accused men last year.
'I don't want anyone hiding behind my order,' Zaidan said.
'Gardaí consented to bail – no judge in Ireland can go behind that. Once gardaí consent to bail, bail must be granted.'
'That's the way it was dealt with on 4 March 2024. There has been some sensational headlines about objecting to bail recently,' the judge said.
Zaidan later described news coverage of Evan Fitzgerald's bail as 'embarrassing', and said that he had received multiple phone calls from acquaintances asking him about it.
'You can see as a human being where I'm coming from. The gardaí consented – amen - which means my role was done,' he said.
He then formally gave effect to the next sitting of Naas circuit court on 18 June, where Shane Kinsella and Daniel Quinn Burke will face th efirearms charges.
USB stick
During the proceedings, solicitor Tim Kennelly revealed that a USB stick had been duct-taped to his client Shane Kinsella's bedroom window on Sunday, the same day that Evan Fitzgerald shot himself in Fairgreen Shopping Centre in Carlow.
Kennelly said that the USB stick was stuck to the window in a sealed bag. He explained that a capital letter 'E' was written out in duct dape above the USB stick on the same window.
Detective Garda Brian Foran told the court that the USB stick had been retrieved by gardaí as part of investigations into the Carlow shooting on Sunday.
Kennelly said that Shane Kinsella had not been able to see the contents of the USB stick, and argued that he was entitled to see it.
Garda Foran said that gardaí in Carlow were 'dealing with this', and said that he did not wish to comment on the USB stick.
Judge Zaidan told Foran: 'it exists, they're entitled to it', and ordered that the defence be allowed access to the content of the USB stick.
Separately, gardaí confirmed that a postmortem of the body of Evan Fitzgerald had concluded today.
A spokesperson said the results will not be released 'for operational reasons' – as is standard procedure in major garda investigations.
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