The Director of Public Prosecutions (DPP) has upheld its original decision not to prosecute gardaí involved in the fatal shooting of George Nkencho.
The confirmation follows an appeal lodged by the 27-year-old’s family.
Mr Nkencho was shot dead by gardaí in the front garden of his family’s house in Clonee, Dublin 15, more than four years ago.
An inquest into his death has been adjourned multiple times while criminal proceedings were contemplated.
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Following an investigation by the Garda Síochána Ombudsman Commission (Gsoc, now known as Fiosrú), which investigates alleged Garda wrongdoing, the DPP decided not to seek a prosecution.
The inquest first opened in June 2021 and was further adjourned in October last year after the Nkencho family formally requested a review of the DPP’s decision not to prosecute gardaí involved in the shooting.
At a brief sitting of Dublin District Coroner’s Court on Friday, Fiosrú investigator Stuart Duguid told coroner Dr Myra Cullinane the DPP has upheld its original decision following the review.
“Therefore, criminal proceedings are no longer contemplated,” he said, adding that no further adjournments are being requested. He said the inquest can now proceed.
Separately, Dr Cullinane said she received an application for Fiosrú to be nominated as an “interested person” in the case, meaning it would have the right to actively participate in the inquest proceedings.
“I had reservations in relation to that because, as you are aware, many tragic deaths [that] come before the coroner are in the category of deaths investigated by Fiosrú.
“The investigating officer of Fiosrú assists the coroner in the holding of the inquest,” she said, adding it not necessary for Fiosrú to be nominated as an interested person.
Dr Cullinane said she received a submission on Thursday and gave counsel for An Garda Síochána and counsel for the family a month to consider it. However, she said the ultimate decision will be hers to make.
The inquest was adjourned to May 16th, when Dr Cullinane will make a ruling on the application.
She said Mr Nkencho’s inquest will be “difficult” to convene, while there will also be a significant number of matters will need to deal with in advance, such as managing witnesses and jury selection.
While the assembling of an inquest jury normally falls under the remit of An Garda Síochána, it is the responsibility of Fiosrú when it is assisting the coroner’s court.
“We do not have the powers that are available to other courts through the Juries Act and so this is a matter that sometimes causes concern to those coming to inquests that the jury be properly assembled and properly comprised.
“I’m in the hands really of Fiosrú in that regard,” she said.
Mr Nkencho was shot several times by the Garda Armed Support Unit after he appeared to lunge at gardaí with a knife in the aftermath of an alleged assault by him at a nearby shop on December 30th, 2020.
The shooting followed an interaction between Mr Nkencho and gardaí, during which tasers and pepper spray were used in a bid to subdue him.
He was the first person of colour fatally shot by a Garda member.
His family said he was suffering from mental health issues and has been highly critical of the level of force used on the day of his death.
