Reviews rule out charges in death case

Reviews by the Garda authorities and the Director of Public Prosecutions into the death of a young Offaly man have both concluded…

Reviews by the Garda authorities and the Director of Public Prosecutions into the death of a young Offaly man have both concluded there was no third-party involvement and that no criminal charges should be pursued.

Shane Tuohey, from Rahan, died in controversial circumstances in February 2002. His body was found in the river Brosna a week after he was last seen alive, socialising in Clara, Co Offaly.

Some of Mr Tuohey's family and friends say they received information locally that the dead man was assaulted in Clara on the night he was last seen.

They say he was deliberately hit on the head and face by a car door opened at speed as he crouched down to speak to one of the occupants through a window to ask for a lift home.

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Last November they publicly voiced their concerns about the subsequent Garda investigation and the alleged role of other people in Mr Tuohey's death.

Following this, Assistant Commissioner Dermot Jennings, who is the senior officer in charge of the eastern region, was asked by Garda Commissioner Noel Conroy to review any investigative shortcomings.

That review is now complete. The Irish Times understands it concludes that while there were some shortcomings with the original Garda inquiry, all of the substantive lines of investigation were pursued and the conclusion relating to no third-party involvement was the correct one.

Mr Jennings's report has been sent to Mr Conroy and is being forwarded to Minister for Justice Michael McDowell.

The DPP has also just issued his direction arising from the second Garda file on the death. He has concluded that no gardaí should face prosecution over shortcomings in their conduct alleged by the family.

He has also concluded that because there is no evidence of any third-party involvement in Mr Tuohey's death, nobody should face prosecution.

Mr Tuohey's family has repeatedly insisted that he was assaulted by local men on the night he died and that he did not drown accidentally or by suicide. The family says the scene at the river bank where his body was found was not preserved for examination.

Two US pathologists hired by the Tuoheys to examine the postmortem findings of the former State pathologist, Prof John Harbison, concluded that the case should have been treated as a homicide.

The initial Garda investigation into the death found no third-party involvement. Tests of the car at the centre of the alleged assault showed no signs to damage or repair work to the doors.

Forensic testing failed to pinpoint any evidence that Mr Tuohey had been transported in the car.

An inquest in April 2004 into Mr Tuohey's death concluded that he had died following immersion in fresh water.

State Pathologist Prof Marie Cassidy reviewed the opinions of the two US pathologists and found nothing to contradict the original findings of Prof Harbison or the inquest verdict.