The family of a cyclist killed in a crash with a hit and run driver, who should have been in prison at the time, have strongly criticised a judge's report which found the cyclist - Shane O'Farrell - was at least partly to blame for the fatal crash.
While the O'Farrell family have pushed for a public inquiry, and were hopeful the judge's report would lead to such a process, they have now said they are sorry they ever cooperated with the work of retired judge, Gerard Haughton, adding they felt "re-traumatised" by his findings.
The report concludes Mr O'Farrell did not have lights on his bike when hit by driver Zigimantas Gridziuska, who fled the scene and then hid his car. The judge's report added "failure to have such lighting is highly negligent behaviour on the part of a cyclist".
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While the report has not yet been published by the Department of Justice, a copy of it has been obtained by RTÉ's Prime Time and was covered by the current affairs programme in a broadcast on Thursday night. The report also quotes from a report drawn up by a forensic collision investigator at the time of the crash 12 years ago.
That report stated "the cyclist was wearing dark clothes. He had a small red rear reflector, one yellow reflector on each pedal and a yellow armband" while the judge also writes Mr O'Farrell had neither front or rear lights while cycling approximately 15 inches out in the "main carriageway of a major road with a speed limit of 100kmph".
When the O'Farrell family, through their solicitor, objected to some of the comments relating to their son and brother in the report, Judge Haughton replied that Mr O'Farrell was "partly responsible" for the fatal crash "unless, for some reason which you have not explained, the rules of the road… did not apply to him or that you contend that there is no rational basis for the law requiring a cyclist to have lights on a bike at night."
Judge Haughton also said there was some evidence of a near miss - said to have involved Mr O'Farrell on his bike and two drivers in a truck and car - before the fatal crash occurred.
However, Mr O'Farrell's mother, Lucia O'Farrell, has repeatedly pointed out the driver - Lithuanian man Gridziuska - was on bail relating to five different cases at the time he fatally hit her son and then fled. He had repeatedly breached his bail conditions - including committing further crimes while on bail - and also should have spent time in jail, relating to possessing heroin, but was saved that sentence due to an administrative error.
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Ms O'Farrell said her son was at liberty to be on his bike on the road when he was killed in August, 2011, but that Gridziuska should not have been free at the time. She insisted that was the core issue in the case, adding Gridziuska should remain the focus. In 2018 the Dáil voted for a public inquiry in the case but the Government opted instead to appoint Judge Haughton to do a scoping exercise and prepare a report. While the family initially cooperated with that process they withdrew from it last year.
The family contends that as Gridziuska had breached bail conditions so often his bail should have been revoked and he should have been in prison ay the time of the crash. However, Judge Haughton says Gridziuska effectively repeatedly committed very minor offences, which did not involve violence.
He added none of the breaches of bail met the threshold of a criminal offence, adding the offences he was charged with - and granted bail in relation to - were not serious enough to deny him bail. Judge Haughton added Gridziuska showed a pattern of turning up in court for his appearances, which was the main condition or purpose of bail.
Mr O’Farrell (23), Monaghan, had just finished his final college exams when he was killed. He had competed in triathlon and was killed in a hit and run out training on his bike. Gridzuiska – from Lithuania but living in Co Monaghan – hit and killed the victim, on the night of August 2nd, 2011, near Carrickmacross.
Mr O’Farrell’s family has always argued the criminal justice system made a litany of serious errors in how it dealt with Gridzuiska. They believe a public inquiry is the only way to fully investigate the many failings in the case, across the criminal justice system, that conspired to keep him out of prison at the time of the fatal hit and run.
Gridzuiska appeared in court in February, 2013, in relation to the fatal hit and run. Despite being aware he had hit his victim, Gridzuiska drove on. He left his Rover 500 at a friend’s house in an effort to hide his crime. He then went home and told his wife what had happened. The following day he presented himself to the Garda.
He faced a range of criminal charges and was put on trial in January, 2013, for one of those charges; dangerous driving but was cleared. He was also given a suspended eight-month prison term after he pleaded guilty to failing to stop at the scene of a crash. And he also pleaded to failing to stay at the scene, failing to report the crash to gardaí and driving a defective vehicle.
He had 49 previous convictions at the time; for road traffic offences and drug, theft and stolen goods crimes. However, he was told if he left the country within 21 days he would not have to serve the eight-month jail term. Mrs O’Farrell, confronted Gridzuiska after the sentence hearing and told him: “You murdered my son. How dare you. There is no justice.”
