THE FAMILY OF George Nkencho, who was shot dead outside his home by a garda in December 2020, has formally requested a review of the decision of the Director of Public Prosecutions (DPP) not to direct a prosecution in the case.
Morgan Shelley, the family’s barrister, told Dublin District Coroner’s Court this morning that the request to the DPP for a review was made on 19 August.
He said the DPP had informed them the decision could take eight weeks.
Eight weeks since 19 August will have elapsed next week. However, the DPP’s website states that complex cases can take longer to review.
Coroner Myra Cullinane questioned the barrister for the Garda Síochána Ombudsman Commission (Gsoc) on why the agency had sent legal representation to Mr Nkencho’s inquest, given that she has not nominated it as an “interested party” in the case.
Marc Thompson, barrister for Gsoc, said that because Gsoc investigator Stuart Duguid has made notifications to the court “we thought it would be prudent to have Gsoc represented”.
Cullinane said interested parties gain “a certain amount of standing before the court”.
She noted that interested parties, or their lawyers, can question witnesses called by the coroner, and request full disclosure of reports provided to the coroner.
Cullinane said: “A properly interested person, so nominated, is someone who has an interest in the facts of the case and that’s not really the position of an investigation body such as GSOC, whereas the family clearly have an interest in the facts of the case. An Garda Síochána has an interest in the facts of the case.”
She said that if Gsoc wished to make a submission to her on why it should be properly represented at the inquest it could do so.
Gsoc has a statutory role to investigate cases where the conduct of a garda, or gardaí, may have resulted in a person’s death.
It completed its investigation into Mr Nkencho’s death in February 2023. The investigation took two years, and this delay was criticised by Mr Nkencho’s family and in the Dáil.
Mr Nkencho’s family was not present in court today.
The court heard the family was told of the decision of the DPP not to prosecute on 24 April. This was the same day it was reported in the media.
The first stage of seeking a review of a decision of the DPP not to prosecute is to seek a summary of the reasons for the DPP’s decision.
Morgan Shelley, the family’s barrister, said this request was made on 15 May and the summary of reasons was provided by the DPP on 23 July.
Coroner Cullinane adjourned the inquest for six months until 4 April next. She offered the condolences of the court to Mr Nkencho’s family.
Mr Nkencho (27) suffered fatal gunshot wounds during an incident involving members of the Garda Armed Support Unit outside his family home at Manorfields Drive, Clonee, Co Dublin on 30 December, 2020.
The fatal shooting occurred after a stand-off developed between gardaí and the deceased, who was armed with a kitchen knife.
The situation arose shortly after Mr Nkencho had been involved in an incident at a local Eurospar store, where he assaulted a shop assistant.
Mr Nkencho was pronounced dead a short time later at Connolly Hospital Blanchardstown.
Post-mortem results showed he died as a result of multiple gunshot wounds to the torso.
His family has said he was suffering from mental health issues for several months before his death. They have said the level of force used against him by gardaí was disproportionate.
With additional reporting by Seán McCárthaigh
To embed this post, copy the code below on your site
have your say