Evan Fitzgerald’s firearms charges are withdrawn at Kildare court

THE deceased gunman involved in Sunday’s shooting in Carlow town has had all charges withdrawn in relation to the possession of firearms and explosives before Naas District Court.

Evan Fitzgerald (22), Portrush, Kiltegan, Wicklow, who was charged with four counts of possession of firearms and explosives in a forest near Ponsonby Bridge, Straffan, Kildare in March last year, fired a number of shots from a gun at Fairgreen Shopping Centre, Carlow while on bail awaiting the book of evidence.

“It was a suicide – that’s what it was,” said district court Judge Desmond Zaidan at the case’s sitting on Wednesday.

Judge Zaidan said he wished to “set the record straight” remarking “there were a lot of headlines about a man on bail,” omitting the fact that these terms were done on gardaí’s consent on 4 March 2024 when Mr Fitzgerald and two co-accused were first brought to court.

Judge Zaidan explained that once gardaí have consented to bail conditions, it must be granted, including that he had no power to overrule it.

He said: “It’s up to gardaí. It’s not unique to this case – it’s in every bail application.” Present before the court were the recently deceased’s alleged accomplices, Shane Kinsella (21), Tynnock, Kiltegan and Daniel Quinn-Burke (21), Allendale Lawns, Baltinglass, who both awaited books of evidence.

Mr Kinsella’s solicitor, Tim Kennelly, formally asked for Carlow gardaí to disclose the footage from a USB stick they took into evidence from his client’s address.

Mr Kennelly explained that the USB stick was duct taped to Mr Kinsella’s bedroom window the morning of the shooting with the letter ‘E’ on it.

Mr Kennelly informed the court that his client is “very anxious” as a result of this.

Judge Zaidan said that the gardaí will do their best with it, but that the investigation is ongoing and that we must “let them do their job”.

While Mr Fitzgerald’s charges were formally withdrawn at the district court sitting, both of the co-accused were sent forward to the next sitting of Naas Circuit Court on 18 June.

Judge Zaidan gave the men their alibi warning and received confirmation that the two had no fitness issues, including mental health, that would prevent them taking part in legal proceedings.

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