GARDA WATCHDOG INVESTIGATORS have completed their report into the fatal shooting by a garda of George Nkencho and a review is now underway before a decision is taken on sending it to the Director of Public Prosecutions (DPP).
A Garda Síochána Ombudsman Commission (GSOC) spokesperson has said that the draft report has been completed and “is currently under internal and external peer review, as well as legal review”.
GSOC’s role is to act as an independent agency to investigate when someone suffers a serious injury or dies when interacting with gardaí.
It is understood that along with taking statements from gardaí and civilian eye witnesses, there was also a substantial forensics and ballistics study into the case. Investigators also spoke to policing experts outside of Ireland during their two-year enquiry.
GSOC said this morning that they were unable to give an estimate of the time it will take to review the file.
There has been strong criticism of the delay in time from the Nkencho family and this was raised this morning during questions in the Dáil for Minister for Justice Simon Harris.
A GSOC spokesperson said that the investigation was not concluded until the review process was complete. Following that, a decision will be taken on whether any further action is needed before senior officials within GSOC make a decision on sending it to the DPP.
At that juncture the investigation will be formally concluded, and it will be a matter for the Commission at that point to determine whether or not to refer the report onward to the Director of Public Prosecutions.
“It is not possible at this time to give an estimate of the time that these remaining steps will take. Once the report is completed and a decision reached by the Commission, GSOC will issue a statement on the matter.
“GSOC will also make its findings publicly available as and when other statutory processes permit it to do so,” a spokesperson said.
GSOC said it will update the Nkencho family on developments.
“GSOC remains extremely grateful for the Nkencho family’s ongoing engagement, at what continues to be a very difficult time for them,” the spokesperson added.
If it is recommended by GSOC to seek a charge in relation to the garda conduct on the day of the incident, there would be a further period where the DPP would then have to examine the file before deciding on whethere a prosecution is required.
The 27-year-old died outside his Dublin home in December 2020 after being shot multiple times by members of a Garda Armed Support Unit while allegedly brandishing a knife.
Measures
Sources with a knowledge of armed garda operations have said that measures are already being put in place by the force’s Special Tactics and Operations Command in anticipation of GSOC’s findings.
It is understood that gardaí have identified a number of procedural and training issues that are to be updated. It is believed that these measures will look at the deployment of less lethal and lethal weaponry and how gardaí interact with armed people who are also suffering a mental health crisis.
This morning, during the Dáil questions People Before Profit TD Paul Murphy and Sinn Féin TD Paul Donnelly both criticised the delay in the preparation of an investigation file.
Murphy said that the delay by GSOC was “incredible” and said that more resourcing of GSOC may be needed to address the delay. He called for a full and independent inquiry similar to those carried out in the deaths of people in garda custody.
“George cannot be brought back. His family understand that, but they want truth and justice and they want to try to make sure that this cannot happen again.
“A proper independent inquiry is an important part of that.
I just do not understand how it takes that long to speak to witnesses and to investigate what happened. There clearly is some sort of problem. GSOC is clearly not fit for purpose.
“It is obvious that there is a very significant problem with GSOC carrying out an investigation and publishing a report in the timely manner that is necessary to provide justice for the family,” he said.
Donnelly said that the shooting happened a short distance from his home and in his constituency – he said he was very concerned by the delay.
“If an investigation was being carried out by An Garda Síochána and it took two years for someone to complete an investigation, we would be here and saying that it was completely unacceptable. I would be puzzled and worried.
“As the Minister has said, GSOC is an independent organisation, but I have real worries and concerns about the length of time that this is taking. It takes its toll on the families.
“Obviously, that needs to be borne in mind. It also takes its toll on the people who are being investigated as well. It is something that needs to be addressed quickly,” he added.
In response, Harris thanked the deputies for their concerns and said that he believed that GSOC carried more weight in its recommendations than a statutory enquiry.
He also said that he was not in a position to comment on an ongoing investigation but echoed the statement given to The Journal by GSOC and said that it was conducting a review of the draft investigation file.
“I fully agree that this matter needs to be fully investigated. Of that there is no disagreement.
“I can only relay the answer as truthfully as I have been given it, which is that there is now a draft report that is out for internal and external peer review and for legal review.
“I have been assured by GSOC that it is not a matter of resourcing, and if it was, I would ensure that that was not the issue,” he added.
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