The Garda Commissioner said yesterday that he had no difficulty in asking the PSNI if there was any avenue left to enable the reopening of the Séamus Ludlow murder case.
Noel Conroy also said he had no problem apologising to the family of Mr Ludlow for the failure of the Garda Síochána investigation and to notify them of the original inquest into his death in 1976.
At an Oireachtas justice sub-committee hearing on the Barron report on the murder, Mr Conroy said: "I regret very much that we did not bring this to a satisfactory conclusion. Management in the Garda Síochána feel the very same way."
Mr Ludlow (47), a single man and forestry worker, was shot dead on May 2nd, 1976, at Thistle Cross, Dundalk, Co Louth, as he went home after a night out. The Barron report said he had no connections with any subversive organisation.
No one has ever been charged with the murder. The report states the RUC told the Garda in 1979 it believed four named loyalists were involved in Mr Ludlow's killing but the information was not pursued by gardaí.
Mr Conroy said an internal Garda investigation under Det Supt Ted Murphy led to the four suspects being arrested and interrogated by the RUC in February 1998 in Northern Ireland. A file was sent to the DPP but it was concluded there was insufficient evidence to warrant prosecution.
Mr Conroy said it might have been then that the RUC would have exhausted their powers and unfortunately did not have the evidence concerning bringing criminal charges.
Fine Gael TD Gerard Murphy asked: "Can the PSNI be asked if there is any avenue now open to enable the reopening of the case?"
The commissioner replied: "I've no difficulty in doing that."
Concerning the original investigation into the murder, he said: "I regret it very much. As I see it, it was a failure on the Garda Síochána's part not to have it fully investigated and brought to conclusion."
Asked about the failure of the Garda to inform the family of the original inquest in 1976, he said: "It was very regrettable and, to make it worse, we did not go and seek permission to have it adjourned, and I would expect that was the least we could have done so that the family could hear the evidence, and I regret it."
Earlier former commissioner Pat Byrne said the primary responsibility was the investigative authority and that was the Garda Síochána and in essence the responsibility must be with the Garda. To suggest otherwise would be ludicrous.
He said the crime was committed in the Republic and the responsibility was with the Garda to take the next step, which was to have the suspects interviewed. That would be the natural progression.
"I'm of the view that the system failed," he said. "I think we failed as an organisation, and failed to follow through to the next step."