Latest news with #bailreform
Irish Times
2 days ago
- General
- Irish Times
The Irish Times view on bail reform: a careful balance required
Almost 14 years after Shane O'Farrell died on a Co Monaghan road, his family have received an official apology from Minister for Justice Jim O'Callaghan for the State's role in the events that led to the 23-year-old death. The statement in the Dáil chamber on Tuesday was a vindication of the O'Farrells' long campaign in the face of official deflection and obfuscation. They have expressed the hope that it will come to be seen as a 'watershed moment' for the administration of justice. But they continue to press for more transparency on why the hit-and-run driver who struck Shane was not in prison at the time, as a court had ordered. The Minister has appointed a senior counsel to review the bail laws The question of whether these laws are too lax has been a subject of debate, particularly in the context of high-profile crimes committed by individuals released on bail. Critics argue the system sometimes prioritises the presumption of innocence over public safety, allowing repeat offenders or those accused of serious crimes to remain free while awaiting trial. Under Irish law, bail is generally granted unless the court has a substantial reason to believe the accused will flee, interfere with witnesses,or commit further offences. The Bail Act 1997 allows for bail to be refused in cases where the accused is likely to commit a serious offence if released. However, some legal experts believe this standard is too difficult to meet. READ MORE Data from the Garda and the Courts Service occasionally highlights cases where individuals released on bail are later re-arrested for similar or more serious crimes. This has led to calls for stricter bail conditions, particularly for repeat offenders or those charged with violent crimes. But others argue that tightening bail laws would undermine fundamental rights. And increasing the number of people held in pre-trial detention would place further strain on an already overcrowded prison system. Any reform must therefore strike a careful balance between protecting the public and upholding civil liberties.
Irish Times
3 days ago
- General
- Irish Times
Shane O'Farrell: Dáil hears allegations driver in fatal hit and run was ‘garda informer'
Minister for Justice Jim O'Callaghan has apologised in the Dáil to the family of the law graduate killed in a hit-and-run incident while cycling near his Carrickmacross, Co Monaghan home, by a repeat offender out on bail. Mr O'Callaghan has appointed a senior counsel to review the bail laws in memory of 23-year-old Shane O'Farrell and the Government is to establish a legal scholarship at UCD. Road traffic legislation in place since 1962 will also be amended to allow a jury convict a person of a lesser offence of careless driving where a person is acquitted for the more serious offence of dangerous driving. The O'Farrell family had called for a full public inquiry into his death in August 2011 when he was struck by Zigimantas Gridziuska, who should have been in prison at the time. READ MORE Mr O'Callaghan signalled however that instead of an inquiry, he has asked senior counsel Lorcan Staines to assess bail laws and identify any necessary changes that need to be made. 'This is not a report that needs to establish facts since those facts are very readily apparent from the charges laid against Garidziuska in the year leading up to the death of Shane O'Farrell.' The minister said the report would not result in people having to invoke their right and 'lawyering up in a process that would inevitably take years. More importantly, it will not need to establish any facts since the relevant facts are already known.' During a Dáil debate Sinn Féin said Gridziuska was a 'garda informer' and had been protected 'above all else'. Mr O'Farrell's family, who had campaigned since his death for an inquiry, were in the distinguished visitors' gallery for the apology and debate. The minister said 'it is incumbent on me, as Minister for Justice to apologise to Shane O'Farrell and the O'Farrell family for the fact that the criminal justice system did not protect him as it should have. 'I do so apologise.' Mr O'Callaghan said 'the loss resulting from his death was incalculable and for the family, interminable'. The State's first failing related to documentation for an appeal by Gridziuska, which was not recorded, the Minister said. He added that the second failure happened when the offender, who committed further offences, was not brought before Judge John O'Hagan, who had granted bail on strict conditions, nor was the judge informed of those offences. If the convictions had been brought to the judge's attention, Gridziuska would probably have been jailed. Gridziuska, a Lithuanian national, left the scene of the fatal crash but the following day handed himself in to gardaí. He had more than 40 convictions at the time, including some in Northern Ireland. Sinn Féin leader Mary Lou McDonald said there were credible allegations that he operated as a garda informant. The party's justice spokesman Matt Carthy said 'many people, myself included, believe that Zigimantas Gridziuska was an informer, that he was permitted to wreak havoc because gardaí prioritised the protection of their source above all else'. Mr Carthy became emotional as he described Mr O'Farrell's mother Lucia as a force of nature whose efforts had resulted in this apology, adding that 'you've done Shane proud'. Labour leader Ivana Bacik said the apology was 'welcome and overdue', adding that 'it is an important day'. Fianna Fáil TD John McGuinness, a long-time campaigner on the case, paid tribute to the minister who 'despite obstacles', had shown 'leadership qualities that others should take note of', to 'ensure that justice is done'. Social Democrats acting leader Cian O'Callaghan said the family's trauma, grief and heartache had been compounded by the State's response. He called for all reports on the Monaghan man's death to be published, as he noted that the Garda Síochána Ombudsman Commission had had the case for seven years.
BreakingNews.ie
3 days ago
- General
- BreakingNews.ie
Government apologises to family of cyclist killed in hit-and-run crash
The Justice Minister has announced a review of bail laws after apologising to the family of a Monaghan cyclist who was killed in a hit-and-run crash almost 14 years ago. On August 2nd, 2011, 23-year-old law graduate Shane O'Farrell was cycling home when he was struck by a car in the Carrickmacross area of Co Monaghan. Advertisement The driver of the car, Zigimantas Gradzuiska, failed to remain at the scene. The Lithuanian national had a number of previous convictions including for theft and drugs offences. The Dáil heard that the day he struck Mr O'Farrell, Gradzuiska should have been in jail for breaches of bail conditions that were applied to him at the time. In one instance, the late Judge John O'Hagan had told him that he would be 'going to prison' if he got in trouble again after January 11th, 2011. Advertisement He received multiple convictions after that date, for which he lodged appeals. The family of Shane O'Farrell (Niall Carson/PA) He was also serving a number of suspended sentences and there had been numerous warrants for his arrest which had not been executed. In addition, the Garda Drug Squad stopped the car approximately one hour before the collision and the Dáil has previously heard it was observed to be in a dangerous, defective condition, but allowed to continue with Gradzuiska as the driver. Gradzuiska was prosecuted in February 2013 for dangerous driving causing Mr O'Farrell's death. Advertisement He was acquitted of that charge by direction of the trial and, under the law at the time, a lesser charge of careless driving was not open to the jury. Mr O'Farrell's family have been calling for a public inquiry into the circumstances of his death and why Gradzuiska had not been in jail. Minister for Justice Jim O'Callaghan (Brian Lawless/PA) That call was supported by Fianna Fáil TD Jim O'Callaghan while he was in opposition. Mr O'Callaghan, who has since become Minister for Justice, told the Dail in March that he cannot now ignore that a scoping exercise into Mr O'Farrell's death recommended that there should be no further public inquiry. Advertisement Delivering an apology to the O'Farrell family in the Dail on Tuesday, he said he did not need a public inquiry to establish the facts in the case or address failings that led to the fatal incident. He acknowledged that the Dail and Seanad had previously voted to support an inquiry, but added that he did not need one to confront those failings or issue the apology. Mr O'Callaghan said Mr O'Farrell had his 'whole life ahead of him' and that his 'loss was incalculable'. He said he could not alleviate the pain felt by the family and added: 'It is incumbent on me as Minister for Justice to apologise to Shane O'Farrell and the O'Farrell family for the fact that the criminal justice system did not protect him as it should have.' Advertisement Mr O'Callaghan announced a range of reforms including a review of bail laws and suspended sentences, as well as an amendment to road traffic laws to allow juries to consider a lesser charge of careless driving in instances where a trial judge has directed the acquittal of a person on dangerous driving. 'The legitimate questions that the O'Farrell family have asked are why the persistent breaches of bail conditions by Gridziuska, through the commission of further offences, did not trigger a response under our criminal justice code, and why were consecutive sentences not imposed in respect of the offences he committed whilst on bail, and why warrants that were issued were not executed.' He added: 'The broader question that needs to be answered is how our criminal justice system should respond to a recidivist offender who persistently breaks summary laws and whether, even if the theft offences had been brought back to the attention of Judge O'Hagan, the Judge would have had the jurisdiction through statutory power to remand Gridziuska in custody.' The minister also announced plans to memorialise Mr O'Farrell with a Department of Justice-funded scholarship that will be awarded to a student who distinguishes him or herself in the Masters in Law degree at University College Dublin every year. Sinn Féin leader Mary Lou McDonald (Liam McBurney/PA) Sinn Féin leader Mary Lou McDonald said the apology was a vindication of the 'courageous and relentless pursuit of truth and justice' by the O'Farrell family. However, Ms McDonald said no answers had been provided to 'credible allegations' that Gradzuiska 'had been operating as a garda informer'. She also said that the 'bereft family' had been 'forced to battle for more than a decade against a State and a system that should have their backs'. Ms McDonald said: 'This person was routinely able to flout bail, court orders and custodial sentences. 'He hit and killed a young man with his car – at a time when he should have been in jail. 'The big unanswered question is this – why he was at liberty on the night that he fatally struck Shane with this car?' Taoiseach Micheál Martin (Niall Carson/PA) Prior to the apology, Taoiseach Micheál Martin said the Government recognises the deep pain, trauma and sense of loss suffered by Shane's parents Lucia and Jim. 'What occurred should not have occurred. One of the most fundamental duties of the State is to seek to keep our people safe.' However, he said that 'tragically due to failings within our justice system' Mr O'Farrell was exposed to danger to which he should not have been exposed. Mr Martin said those series of feelings allowed Gradzuiska to be at liberty when he should have been in custody. 'It is is obvious that our communities deserved better, the O'Farrell family deserved better, Shane O'Farrell deserved better.' He commended the family for their bravery and courage over the intervening years. Tánaiste Simon Harris (Brian Lawless/PA) Tánaiste Simon Harris said the Government was acknowledging failures in the Courts Service and criminal justice service that exposed Mr O'Farrell to danger. He said Government has made decisions following Mr O'Callaghan's recommendations which he hoped would 'bring about meaningful change'. Mr Harris said: 'I hope today in some small way can start to heal the wounds left by Shane's untimely death.' He added: 'Nothing we can do or say can ever make up for the grief and sorrow of the O'Farrell family, and the anguish of their long campaign for justice, but I hope that the apology today and the actions we are taking alongside it may be some balm for the pain you bear. 'I hope you will take some comfort in having translated that pain into changes that should protect others in the way that Shane should have been protected, so that other families do not endure the suffering that you have. 'Shane's memory lives on in this and in so many ways thanks to your enduring love and inexhaustible resilience.'
Yahoo
19-05-2025
- Politics
- Yahoo
Monday is "D-day" for Texas bail reform legislation; will you see it on the November ballot?
The Brief On Monday, the Texas House votes on long-awaited bail reform legislation. If the legislation gets a two-thirds vote in the House, it will be on the November ballot. Senate Joint Resolution 5 would give judges the discretion to deny bail to defendants charged with certain violent offenses. What we know The Texas House of Representatives is set to vote Monday on bail reform legislation that lawmakers have been trying to push through since 2021. Senate Joint Resolution 5 will require a two-thirds majority vote in the House to go on the November ballot, since it's an amendment to the state constitution. It would allow — but not mandate — a judge or magistrate to deny bail to a person accused of certain violent offenses, including murder, aggravated robbery, sexual assault of a child, kidnapping of a child and human trafficking. What they're saying Those in favor of the amendment say it will keep violent offenders behind bars while awaiting trial, possibly saving lives. "Sadly, we've actually documented over 200 people just in Harris County that have been murdered by defendants out on more than one felony bond or felony pr bond and I don't want to add any more people to that list," said Andy Kahan with Crime Stoppers of Houston. The other side On the other hand, those against the legislation claim that the amendment would jail more innocent people in Texas. The Bail Project said in an article, "On any given day, over 53,000 people are locked up in Texas jails, most of them awaiting trial – not because they've been convicted of a crime, but because they can't afford bail. Texas taxpayers already spend over $1 billion annually to detain legally innocent people." Saying that the passing of the legislation would increase that number. Dig deeper Kahan says language in the amendment would also allow judges to deny bond for convicted felons charged with additional violent offenses. He also says another provision would allow judges to restrict personal recognizance bonds for those charged with' felon in possession of a weapon'. The Texas Legislature is also set to take action on some other bills of high interest in criminal justice reform, including House Bill 1902 and Senate Bill 3031. HB 1902 aims to create a specific criminal offense for "jugging". Jugging is an act in which a suspect surveils an institution like a bank or ATM and follows a victim from the location to commit a robbery. SB 3031 aims to enhance penalties for those accused of "road rage" shootings. It would enhance the aggravated assault with a firearm charge involving a vehicle, from a second-degree felony to a first-degree felony. What's next Two-thirds (100 votes) of the House will have to vote in favor of SJR 5 for it to be put on the November ballot, where voters of Texas can decide if the legislation becomes law. The Source Information in this article was sourced from Andy Kahan of Crime Stoppers, the Texas Legislature and The Bail Project.
Yahoo
17-05-2025
- Yahoo
Bond reform: Family of victim in fatal Dallas shooting speaks out after accused killer released
The Brief The family of a fatal shooting victim in Dallas is now advocating for bail reform after her accused killer posted a $500,000 bond. Kendrick Finch is accused of killing Ashlee Long after a confrontation downtown; his defense claims self-defense in the April 5 shooting. Long's family has created a website to urge Texas lawmakers to change bail laws - a topic already under discussion by Gov. Greg Abbott. DALLAS - The family of a fatal shooting victim in downtown Dallas is joining the fight for Texas bail reform after the suspected killer bonded out of jail. Houston realtor Ashlee Long was shot to death while leaving a bar in Dallas on April 5. Now that her alleged murderer has been allowed to post bail, Long's family is joining Gov. Greg Abbott and other bond reform advocates in seeking changes to Texas legislation. The backstory Just last week, a Dallas County judge denied an attempt by 34-year-old Kendrick Finch's legal team toget his $500,000 bond reduced. Finch is accused ofshooting and killing the 28-year-old as she and a group of friends were leaving a downtown Dallas bar shortly after 2 a.m. on April 5. Dallas police say a confrontation began when 36-year-old William Kistler brushed his hand on a passing white Mercedes. The deadly shootout was caught on surveillance along Main Street. The Mercedes stopped almost immediately, and Finch exited with a firearm. Kistler was then seen retrieving a gun out of Long's purse when Finch opened fire. Long later died at the hospital. Kistler was also shot, but survived. A homicide detective testified he believes Finch fired first. However, Finch's defense team argued self defense. Finch has posted bond, and he was released Tuesday. The Latest Long's family knows they are in for a long legal fight. In the meantime, they are using her case as a platform for the topic of bail reform. This comes just days after Long's accused killer posted bond from the Dallas County jail. Long's stepsister created this website, called It's meant as an opportunity for people to write to Texas lawmakers regarding bond reform. What they're saying "Bond reform is something that our family is going to stay on for years. Not only for Ashlee, but for anyone," said Long's stepsister, Gillian Kimber. Long's family is speaking for the first time since her accused killer bonded out of jail. "I feel like you shouldn't be able to murder someone and get out on bail. As a family member, to have that possibility of seeing someone like that in public, I don't think that is right or just," Kimber said. Kimber believes violent offenders should not be granted bond. "The person who shot that bullet is walking the streets. That is the problem we are focused on this week," Kimber said. "We just wanted everyone to know who Ashlee was and what happened that night. And be able to keep up with this legal process we are navigating for the first time," Kimber went on. "I think if we keep this going, it won't just be for Ashlee Long, it will be more for Texas legislature, for bond reform," Kimber said. At a roundtable last week, Gov. Greg Abbott voiced his support for amending the Texas constitution to, in part, restrict bail for those accused of certain violent crimes. RELATED:'That's insanity and it has to stop': Gov. Abbott pushes for bond reform Dig deeper On Friday, Dallas police charged Kistler with unlawful possession of a firearm by a felon in connection to the April 5 shooting. He is currently being held in the Collin County Jail for unrelated charges from 2023. Collin County court records show he is being held on charge of unlawful possession of a firearm by a felon in connection to the April 5 shooting. He was also previously charged with burglary of a habitation and accident involving damage. Online records show he was brought to the Collin County Jail on April 15. According to court records online, Finch does have bond conditions. This includes an ankle monitor, random drug tests and not possessing a firearm. The Source Information in this article came from the family of Ashlee Long. Information on bond reform came from previous FOX Local coverage.
