Senator McDowell calls for clarity of entrapment use in non-terrorist, non organised crime garda investigations
- Expresses grave concern about undercover Gardaí supplying lethal weapons to three “naïve young men” who were childhood friends, one of whom was known to be vulnerable, for target shooting “in the woods”
- Queries why diversion and warnings were not used to deal with the online arms search
- Asks how media reports state that the court was told that Gardaí were continuing to investigate the source of firearms supplied by them when judge asked as to who had supplied them
- States that the entrapment and prosecution strategy was certain to result in the destruction of the lives and career prospects of three young men
- One of them, Evan Fitzgerald chose to end his own life before his scheduled trial
Speaking on the Order of Business in the Seanad on Wednesday 11th June 2025, Senator Michael McDowell said the following:
“Cathaoirleach, I wish to raise on the Order of Business the important matters brought to public attention by Deputy Alan Kelly at the Joint Oireachtas Committee on Justice yesterday.
As court proceedings are still in train in respect of some aspects of the matters raised, I will be careful in what I say.
However, it appears that three persons described as “young and naïve” by the court were charged with possession of three firearms and ammunition on the 2nd of March 2024 in County Kildare. It further appears that an attempt to purchase firearms on the dark web had been made, by one of them.
Controlled delivery
It now appears that Gardaí had previously met at least one of the three persons charged and without revealing their identity had made arrangements for the firearms and ammunition in question to be delivered to the three young men.
It further appears that a controlled delivery took place using weapons already owned or seized by An Garda Síochána.
Following the controlled delivery, other members of An Garda Síochána intercepted a car in which the three young men were travelling, arrested them under The Offences Against the State Act and the court was told that all three admitted possession of the firearms in question.
Media reports state that the court was informed that there was no suspected connection with organised crime or terrorism and that the guns were intended for target shooting “in the woods”. The court was told the three young men were childhood friends and that one of them, the late Evan Fitzgerald had a “fascination with firearms”.
Was the court misled?
Very strangely, it appears from media reports that the court was also informed that Gardaí were still investigating who had sold the firearms to the defendants, when the judge asked that question.
It now appears that Evan Fitzgerald, who is described as a vulnerable young man, was the central figure in a major incident at Carlow Shopping Centre in which he publicly took his own life.
Deep concern
I am deeply concerned that all of these events could have been avoided if diversion rather than entrapment and prosecution had been deployed by the Gardaí.
I am also very deeply concerned that by informing the court that the Gardaí were still investigating by whom the weapons in question were sold, the court was actively misled.
The entrapment and prosecution of three young men for firearms offences involved the gravest of destructive consequences for the lives and careers of three young men. One of them apparently chose to end his own life rather than face continued criminal prosecution.
I am also deeply concerned that the Garda watchdog, Fiosrú, has reportedly apparently indicated no concerns in relation to these events.
Call for debate
I am asking the Seanad Leader to arrange for a debate in this House on the practice and ethics of entrapment and the need of An Garda Síochána to be frank and truthful with the court in relation to such prosecutions, and that the Minister for Justice should be invited to attend the debate.
- check against delivery
- ends