Frances Fitzgerald T.D, Minister for Justice and Equality, has today
published the report submitted to her by Judge Michael Reilly of his
investigation into the handling of warrants in the case of Celyn Eadon.
Mr. Eadon had been remanded in custody at Castlebar District Court on 16
February 2011 but despite this had been released. Approximately three weeks
after his release Mr. Eadon was charged with the unlawful killing of his
mother and in February 2014 was convicted of her murder.
In March 2011 Judge Reilly was requested by the then Minister, Alan Shatter
T.D. to conduct an investigation into the circumstances in which Mr. Eadon
was released at Castlebar District Court the previous month.
The Report finds that proper procedures had operated in Castlebar District
Court. Additionally, Judge Reilly was satisfied with improvements that were
introduced for the handling of warrants in Provincial District Courts
generally. The conduct of the Garda members in question was addressed under
the statutory disciplinary procedure and Judge Reilly’s non-statutory
investigation could not make findings in relation to a matter already
decided by a statutory process.
Following this outcome, the Garda Síochána Ombudsman Commission (GSOC) was
requested by former Minister, Alan Shatter T.D, to examine the Garda
practice, policy and procedure in relation to dealing with persons who are
committed to custody on remand by a court. This examination by GSOC is
ongoing.
Commenting on the report Minister Fitzgerald stated: “I very much regret
the tragic situation that has occurred. The primary concern at this stage
is to ensure that such a serious breakdown at operational level should not
happen again. In this context I note that Judge Reilly has expressed
satisfaction with the manner in which these matters are dealt with by the
Courts Service. With regard to the Garda Síochána the relevant procedures
are currently the subject of a review by GSOC and I hope to receive its
report with the results of the review at an early stage.”
The Minister continued, “Arrangements have been made to provide a copy of
the Report to the family of Mr. Celyn Eadon in advance of today’s
publication.”
“I am very grateful to Judge Reilly for his report and I appreciate the
work that he undertook in the course of his investigation.”
Judge Reilly’s report is available on the Department’s website at
www.justice.ie/en/JELR/Pages/PB14000210
ENDS.../
Notes for Editors
In March 2011 the Judge was requested by the then Minister, Alan Shatter
T.D. to conduct an investigation into the circumstances in which Mr. Eadon
was released at Castlebar District Court on the previous 16 February
despite the fact that he had been remanded in custody. When the
investigation was initiated the then Minister indicated that for legal
reasons the report from Judge Reilly could not be published until the
criminal proceedings against Mr. Eadon had concluded.
When the Judge examined the events in question with reference to the Courts
Service he found that the proper procedures had operated in Castlebar
District Court. Additionally he was satisfied with improvements that had
been proactively introduced by way of a protocol for the preparation,
checking and issuing of warrants in Provincial District Courts generally.
This protocol can be viewed in Appendix 1 of Judge Reilly’s Report.
At an early stage the Garda Commissioner accepted that a committal warrant
for Mr. Eadon had been issued by the District Court and received by the
Garda Síochána. Arising from the failure to execute the warrant,
disciplinary proceedings were initiated by the Garda Commissioner against a
number of Garda members and Judge Reilly was informed when the proceedings
had concluded. In this context a number of legal issues had to be
addressed by the Judge and having considered them carefully he was
satisfied that he would not have the power to make findings in relation to
matters upon which a decision had been taken in the Garda disciplinary
area. Accordingly he did not investigate the conduct of the Garda members
in question.
The Judge was also satisfied that any examination into the relevant
procedures operated by the Garda Síochána should be carried out internally
by the Garda Síochána or by a relevant body having statutory oversight of
the organisation.
Taking account of this situation, the then Minister, Alan Shatter T.D.,
requested the Garda Síochána Ombudsman Commission (GSOC) to examine as
quickly as possible, under section 106 of the Garda Síochána Act 2005, the
Garda practice, policy and procedure in relation to dealing with persons
who are committed to custody on remand by a court. GSOC has confirmed that
the examination is under way.