THE FAMILY OF George Nkencho plan to appeal a decision of the Director of Public Prosecutions (DPP) not to prosecute the Garda who fatally shot the 27-year-old in 2020.
The Office of the Director of Public Prosecutions (DPP) received the file from the Garda Síochána Ombudsman Commission (GSOC) in June last year but has recently directed no prosecution in the case.
GSOC confirmed to The Journal yesterday that the DPP has notified it of its decision “not to direct a prosecution in the case of the tragic death of Mr George Nkencho, who was shot and killed by a member of the Garda Síochána Armed Support unit outside his family home in West Dublin on 30 December 2020″.
A statement issued yesterday evening by the Nkencho family solicitor, Phelim O’Neill, said the family are “disappointed with the decision of the Director of Public Prosecutions not to prosecute members of An Garda Síochána involved in the shooting dead of their son and brother George”.
“The family intend to appeal this decision and in the circumstances will not be making any further statements until this process has been concluded.”
GSOC conducted the investigation into the shooting and, in June 2023, a file was sent to the DPP – a development which was welcomed by George Nkencho’s family.
Mr Nkencho was shot dead in the front garden of his house in Clonee, Dublin during a stand-off. He was armed with a kitchen knife and had allegedly assaulted a worker in a shop. He was 27 years old at the time.
During the incident, Mr Nkencho appeared to lunge at gardaí before being shot multiple times by the Garda Armed Support Unit. Gardaí had used pepper spray and tasers against Mr Nkencho in the lead up to the shooting.
Post-mortem results revealed Mr Nkencho died as a result of multiple gunshot wounds to the torso.
His family claim he was suffering from mental health issues for several months before his death and that the level of force used against him by gardaí was disproportionate.
Mr Nkencho’s death was followed by protests and an increase in racial tensions in the suburb.
A GSOC spokesperson said the incident was the subject of an independent criminal investigation which concluded in June 2023 with the submission of an investigative file to the DPP.
“GSOC has noted the DPP’s decision, and has notified interested parties in the case, including the Nkencho family and Garda members involved,” the spokesperson added.
The Nkencho family are entitled to see a summary of reasons from the DPP for its decision not to prosecute. They can also, under law, request a review of the decision.
“While GSOC can make no further comment at this time, it will continue to engage with the Nkencho family in the context of Coronial proceedings and any other statutory processes that may arise,” the spokesperson continued.
“GSOC further reiterates its undertaking to make the substantive detail of its investigation publicly available as and when other statutory processes permit it to do so,” they added.
An Garda Síochána said it noted the decision of the DPP.
“Commissioner Harris re-iterates today his and the organisation’s sympathy with the family of George Nkencho,” a statement read. “An Garda Síochána will await further information from GSOC on its next steps before commenting further.”
The Special Tactics and Operations Command of An Garda Síochána have already introduced recommendations – anticipated to be made by GSOC – including the procurement of new tasers for the Armed Support Unit and a new 40mm projectile. A source with knowledge of armed garda operations said further oversight of ASU operations is also expected, such as an extra sergeant covering every five armed gardaí.
An inquest hearing is due to take place at the Dublin Coroner’s Court on 11 June following six adjournments. The inquest was first opened in June 2021 but GSOC has not stated if it had made a recommendation on whether any criminal charges should be brought against gardaí involved in Mr Nkencho’s death.
With reporting by Press Association
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