A man who was arrested in Mullingar following a fatal hit-and-run accident did not have charges against him read out when he had appeared earlier before Galway District Court on Wednesday, the Fine Gael spokesman on justice, Mr Jim Higgins, said.

He added that the charges related to being a passenger in a stolen car in Galway, breaking and entering a hotel and stealing goods. Nor was the man's track record read out, or any evidence adduced to sustain the case that the man had AIDS, Mr Higgins said.

"The total case took 45 seconds," he added. As a result he was released on bail, and hours later an innocent woman was dead. The man should have been in jail, he said.

The Minister of State for Justice, Ms Mary Wallace, expressed sympathy with the family of the woman who was killed. "I know that I am speaking for all members of the House when I say that what happened on the road between Rochford Bridge and Milltown Pass yesterday is a tragedy for all concerned," she added.

She said that following the incidents two persons, a man and a woman, were arrested and subsequently charged. More serious charges would follow.

"As the House will appreciate, I am severely constrained from making any comment that might prejudice those proceedings. In the circumstances, I do not believe it appropriate for me to make any comment relating to the circumstances surrounding this tragic incident," she added.

Ms Wallace said it had been reported that one of the persons arrested in connection with the incident was on bail. The granting of bail in a particular case was a matter for the courts.

Asked by Mr Higgins what previous convictions the man had, she said the case was sub judice and the House had to be careful.

Mr Higgins said: "We are not talking about the charges that are pending. I am asking you, and it is on record, what convictions have already been obtained in the courts and what penalties were handed down relating to this particular individual?"

Ms Wallace said it was a matter for the courts.

Mr Higgins said the Minister of State's legal representatives were in court in Galway and had the charge sheet with specific charges. But they were not read out to the court. A man with a record of numerous convictions was allowed to go free.

In a statement last night, Mr Pat Carey (FF, Dublin North West) said Mr Higgins's remarks were highly prejudicial and should be withdrawn.