Evan Fitzgerald, who opened fire and took his own life at a Carlow shopping centre, had no previous convictions or known involvement in serious crimes that made him a candidate for being denied bail when he was charged with firearms and explosives offences last year, Garda sources said.
His 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.
A Defence Forces explosive ordnance disposal (EOD) team was required at the shooting scene as the dead man had a container of liquid on him gardaí were concerned about.
It was found to contain a mix of alcohol and energetic material, which was flammable. Another portion of the same substance was found in a container at a property linked to Mr Fitzgerald, which was searched on Sunday evening. An EOD team also attend that scene at the Garda’s request.
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However, the fact Mr Fitzgerald, a 22-year-old steelyard worker, was on bail at the time of Sunday’s shooting incident, has renewed calls for an examination of the Republic’s bail laws.
Asked about the case on Tuesday, Taoiseach Michéal Martin said Minister for Justice Jim O’Callaghan had already initiated a review of the bail laws by Lorcan Staines SC.
This review was announced last week when Mr O’Callaghan issued a formal state apology to the family of Shane O’Farrell, who died in 2011 after being struck by a car driven by a man who was free on bail.
Mayor of Carlow County Council Fintan Phelan, of Fianna Fáil, said people charged with possession of firearms “should not be eligible” for bail.
“The potential threat to public safety is too great and we saw that this weekend. If changes to legislation are required to support this, so be it. I will be advocating within my party,” he said.
Matt Carthy TD, Sinn Féin’s justice spokesman, said the fact Mr Fitzgerald had brought a gun into a shopping centre at a time when he was on bail charged with in relation to buying guns on the darknet “raises many questions”.
While a review was already under way into how bail could be granted to repeat offenders awaiting trial, Mr Carthy called for “a wider review of the enforcement and operation of our bail laws”.
Garda sources said members of the judiciary were aware the prisons were overcrowded, with many prisoners being released early as a result. That situation, the sources said, meant it was less likely for bail to be denied in cases where an accused was not a repeat offender or regarded as a flight risk.
Gardaí believe Mr Fitzgerald’s decision to take a shotgun into the Fairgreen Shopping Centre at about 6.15pm on Sunday was motivated by a desire to end his own life rather than harm anyone else.
Mr Fitzgerald’s personal items, including phones and computers, were being examined in a bid to shed light on his recent activities and mindset.
However, he was regarded as vulnerable and was said to be very fearful about going to prison on the explosives and firearms charges.
Mr Fitzgerald was one of a number of men placed under surveillance last year by the Garda’s Drugs and Organised Crime Bureau. Detectives suspected they were trying to buy guns on the criminal black market through the darknet.
When gardaí moved in and carried out searches, two guns were seized: a G3 Heckler & Koch machine gun and a Remington M1911 handgun.
In a follow-up operation, involving a search at a property linked to Mr Fitzgerald, gardaí found powders used to make explosive devices and ammunition for a range of firearms.
Though the Carlow man was facing 13 charges for possessing the items seized, a court appearance relating to his case last year was told he made full admissions when arrested by gardaí. He in effect accepted he was guilty, aiding the Garda inquiry immediately he was caught. The court was told he had a “fascination” with firearms.
Gardaí initially objected to bail, but agreed Mr Fitzgerald could be allowed to remain at liberty, on bail, pending his trial subject to strict conditions, including signing on at a Garda station daily, which was later relaxed to once a week.
He was also instructed to have no contact with a number of men, from the same region, who gardaí suspected he was working with in procuring and using the guns.
In granting bail, the judge had said that naivety and Mr Fitzgerald’s relative youth appeared to be factors resulting in his criminal activities and his arrest.
