MINISTER FOR Justice Alan Shatter has apologised to the family of deceased garda Gary McLoughlin after a known criminal and drunk driver who killed him absconded from the open prison to which he had been transferred.
Mr Shatter has also joined the Garda Representative Association (GRA) in expressing concern at the transfer to the open prison of Martin McDermott (25), who is less than halfway through his seven-year sentence for manslaughter.
He has requested a report on the matter from the new director general of the Irish Prison Service, Michael Donnellan.
“The report will cover the full details as to how and why he was transferred from a closed prison to an open centre,” Mr Shatter said.
He and the prison service regretted “any upset or distress caused to the family and colleagues of Garda Gary McLoughlin”.
The GRA, which represents about 12,000 rank and file garda members, called for a full inquiry into the matter. Spokesman Damien McCarthy said Garda McLoughlin had died while serving the people of Donegal and that this sacrifice needed to be respected.
“We believe we have the support of all law-abiding citizens. Gardaí are expected to maintain high standards; we ask that society protects and supports us equally. This is not too much to ask,” he said.
McDermott left the Loughan House prison in Blacklion, Co Cavan on Thursday afternoon. At 11am yesterday, he was arrested by the PSNI in Derry, where he was still being held last night.
Before news broke that he had absconded, it was not public knowledge that he had been transferred to Loughan House, an open prison with the most relaxed security in the prison system.
He was sentenced last July to seven years for the manslaughter of Garda McLoughlin in December 2009. However, he has been in prison since the time of the offence in December 2009 and his term of imprisonment was backdated to that time.
With time already served and time off for good behaviour, he is due for release in March 2015.
From Raphoe in Co Donegal, McDermott was twice over the legal drink-driving limit, when he led gardaí on a 30km chase, reaching speeds of over 150km/h.
The chase ended when he crashed into a marked patrol car at Lisfannon, Burt, Co Donegal, causing Garda Gary McLoughlin (24) fatal injuries.
McDermott had 91 previous convictions, many for traffic offences, including drink-driving, as well as burglary and forgery. He had been serving his sentence in the Midlands Prison in Portlaoise, which is a high security jail. In the past fortnight the prison service granted his request that he be transferred to Loughan House to make it easier for his family to visit.
Sources said a number of factors would be considered when considering such a request. These include the flight risk posed by a prisoner, the threat he posed to society, his willingness to engage with the rehabilitative services in the prison and how an open prison environment might prepare prisoners for reintegration on release.
Open prisons are not reserved for those who commit minor crimes. Those who are in jail for serious crimes but have demonstrated a long-term commitment to change are also housed there.
Taoiseach Enda Kenny said McDermott’s escape “should not have happened” and promised a full investigation of the circumstances which led to his transfer to an open prison. He also extended his sympathies to the family of Garda McLoughlin for what had happened.
