Judge who oversaw Carlow shooter's release on bail wants to ‘set record straight'
'It's embarrassing what's in the papers,' he said. 'Gardaí in their view saw fit to consent to strict bail conditions in lieu of remand in custody'.
A judge who oversaw the court sitting when Carlow gunman Evan Fitzgerald was released on bail on firearms charges has said he wants to 'set the record straight'.
Judge Desmond Zaidan today hit out at 'sensational headlines' as well as 'misinformation', saying his powers had ceased once gardaí consented to Mr Fitzgerald being freed from custody.
The 22-year-old appeared before Naas District Court on March 4, 2024, after being arrested as part of a garda investigation into the sale of firearms on the Dark Web.
Fitzgerald, of Portrush Upper in Kiltegan, Co Wicklow, walked free from court along with his two co-accused after gardaí consented to bail on strict conditions.
Evan Fitzgerald
News in 90 June 4th
On Sunday night he discharged a number of shots in a Carlow shopping centre before taking his own life. No other injuries were reported from the gunfire while a young girl was injured running from the scene.
He was due to appear before the court again today for service of the book of evidence and was facing 13 charges of possessing firearms, ammunition and explosive substances.
Detective Garda Brian Foran, of the Garda National Drugs and Organised Crime Bureau (GNDOCB), this afternoon made an application to have the charges against Evan Fitzgerald withdrawn on direction from the Director of Public Prosecutions (DPP).
Evan Fitzgerald at Naas District Court last year (File photo by Steve Humphreys)
During the proceedings, the court was told that Fitzgerald was deceased, with Judge Zaidan describing it as a suicide.
The judge then addressed recent media reporting of the incident in Carlow, specifically on the issue of bail when Mr Fitzgerald first appeared before him last year.
He said there had been a 'lot of misinformation in the press' and that gardaí had consented to bail.
This, the judge said, meant he had no jurisdiction to oppose bail.
'So please, members of the press, please report sensibly', he said, asking journalists present to 'tread very carefully'.
Judge Zaidan said bail had been granted with no objection from gardaí on strict bail conditions in lieu of custody.
He said 'no judge has the power to overturn that' order from March 4, 2024.
He addedsaid both he and his staff had since listened to visual and audio recordings of the court proceedings from that day.
'It's embarrassing what's in the papers,' he said. 'Gardaí in their view saw fit to consent to strict bail conditions in lieu of remand in custody'.
The judge also said there were 'some sensational headlines' about objecting to bail.
'The reality is the gardaí consented to bail, my function ceased straight away. I have to set the record straight.'
Judge Zaidan said that, while he hadn't been named in media reports, added that everyone knew what judge was sitting in Naas District Court.
'A lot of my friends are ringing me saying 'Des, everyone knows where you are'.
Detective Garda Foran told the judge that, while he himself wasn't present in court that day, the issue wasn't in dispute.
Judge Zaidan continued: 'I could not go behind that consent because I would be seen to acting outside of my powers. You see why I'm saying this, there's been a lot of headlines about a man on bail, no, at least report it, don't omit certain key things'.
He noted that the charges against Evan Fitzgerald were contained in the book of evidence and said that the charges could formally be withdrawn in the circuit court.
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