Garda Commissioner says controlled delivery to Evan Fitzgerald 'fully warranted'
Mr Fitzgerald, 22, shot himself dead in front of shocked shoppers in the Fairgreen Shopping Centre in Carlow on June 1, just days before he was due to face court on ammunition and explosives charges.
Commissioner Harris confirmed to the Oireachtas Justice Committee on June 10 that the firearms Mr Fitzgerald was due in court for were part of a controlled garda delivery.
At a hearing of the Oireachtas Public Accounts Committee (PAC) today, Labour TD Eoghan Kenny questioned whether the operation was necessary.
Commissioner Harris stated that gardaí's actions were justified but said he could not provide details on how much the operation cost.
He said: "I do believe the operation was necessary. I reported to the Minister on the operation, and indeed, a file was submitted to the DPP [Director of Public Prosecutions] as well.
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"They accepted that file and there were charges preferred in respect of those firearms but also then other items, including explosive items as well.
"I do think in terms of public safety and the danger there was to the public that that operation was fully warranted and proportional."
He continued: "This matter is still before the courts. There are still two individuals who are being dealt with in front of the courts.
"I don't want to elaborate further, but I think once more detail emerges through the court process, people can see then for themselves, actually, why this operation was entirely proportional."
In the Seanad, earlier this week, former justice minister and attorney general Michael McDowell stated under privilege that this was a "case of entrapment".
He said: "Apparently, Mr Fitzgerald sought firearms on the dark web, the protonmail aspect of the dark web.
"Apparently, Interpol or some other international agency alerted the Garda to this inquiry.
"The response of the Garda was to arrange to meet Mr Fitzgerald and to conclude a deal with him in which gardaí persuaded him to take an automatic rifle and a semi-automatic pistol for a price of €2,700.
"They then arranged to meet him for delivery of these firearms for a price of €2,700.
"Mr Fitzgerald came with two childhood friends [...] and they took delivery of the firearms in the car of one of his friends.
"The car proceeded some distance away to another place, where it was intercepted by members of An Garda Síochána, who smashed the windows, dragged out the occupants and made an arrest."
When Fine Gael TD James Geoghegan asked the Commissioner the difference between entrapment and controlled delivery, Mr Harris said he had referred Mr McDowell's remarks to Garda Commissioner Fiosrú for their consideration but had yet to receive a response.
Deputy Geoghegan further asked Deputy Garda Commissioner Justin Kelly why the fact that there was a controlled delivery was not mentioned in Mr Fitzgerald's bail hearing.
Mr Kelly said: "In my experience, the detail of the controlled delivery would often come out, obviously, if there's a full hearing. If there's a contested trial, all that detail will come out. It will be unusual to come out in a bail application."
Commissioner Harris said that the firearm Mr Fitzgerald used in Carlow Shopping Centre when he took his own life was stolen during a burglary and was not from garda stock.
Elsewhere, the Commissioner acknowledged that the gardaí are not going to hit their annual recruitment target of 800 gardaí.
He said that 640 gardaí are expected to attest from the Garda College in Templemore in 2025. This is expected to bring the total strength of the force to 14,500.
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