Ahern says sorry to Keegans

JUSTICE Minister Dermot Ahern has apologised on behalf of the state to the family of Noel Keegan, who died after being assaulted by a man wrongfully released from prison.

Martin McDonagh should have been serving a four-year sentence when he assaulted Mr Keegan and his wife Marie in Longford on December 31 last year. Mr Keegan, 58, a father-of-five, had a heart condition and died afterwards.

A report by Judge Michael Reilly found that McDonagh, 24, from Edgeworthstown, Co Longford, had been wrongfully freed from jail due to a “litany of flawed systems” in the courts, prisons, gardaí and probation.

The Dáil debated the report yesterday and Mr Ahern said the Garda and Courts Service had already apologised to the Keegan family.

“I have already apologised on behalf of the state to the family regarding the failures of the state agencies and I do so again today,” Mr Ahern added.

The Keegan family has signalled its intention to seek compensation from the state for its failings, and Fine Gael called on Mr Ahern not to contest the claim.

“I am sure (the family) would be the first to say that no amount of money will adequately compensate them but in so far as they have a claim they can properly bring, they should not be put through, in my view, the additional stress that results from having to take court proceedings against the state,” Fine Gael justice spokesman Alan Shatter said.

But Mr Ahern refused to be drawn on that issue, although he indicated that “dialogue” would take place between the state and the family.

“It has been reported to me that a civil action may be taken by the Keegan family. I am not aware of what that claim is but obviously it is a matter for dialogue between the Keegan family’s representatives and the state’s legal representatives, and it is not appropriate that we should negotiate that matter via comments here in the chamber,” Mr Ahern said.

The minister also stressed that the Garda and Prison Service had agreed a new protocol to improve systems.

McDonagh had been freed from Castlerea Prison on temporary release in November 2009 in relation to a two-year sentence for assault. He then breached the terms of that release, making him unlawfully at large. But the report said he should never have been released in the first place, as he was supposed to be also serving four years for a separate assault. Despite this, he was only arrested after the assault on the Keegans.

He was sentenced to five years in prison this week for that assault.