Gsoc 'acutely aware' its probe into George Nkencho death is still not complete
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The Garda Síochána Ombudsman Commission (Gsoc) has said it is “acutely aware” that the second anniversary of George Nkencho’s death has come and their investigation is not yet complete - but said it will be finished “as soon as possible”.
GSOC launched its investigation after the 27-year-old was shot multiple times by a garda from the Armed Support Unit outside his home in Clonee, west Dublin, on December 30, 2020. Mr Nkencho was brandishing a knife at the time.
Events leading up to and during the shooting – including the reasonableness of the ASU officer’s actions in all the circumstances – are the focus of the two-year investigation.
The family hope that the mental state of their loved one will be examined, including his interactions with agencies and the level of knowledge of his condition among responding officers.
The family has raised serious concerns at the length of time the investigation has taken. Gardaí, including in the Garda Dublin West Division, have also expressed similar concerns. Gsoc told the Dublin City Coroner’s Court in June 2021 that it hoped the investigation would be completed by the end of that year.
At the most recent inquest hearing, two weeks ago, coroner Dr Myra Cullinane agreed to an application by Gsoc to adjourn the case for a further six months. This was to allow the final investigation file, currently in draft form, to be submitted to the Commission - the three commissioners that head the watchdog.
Afterwards, the deceased’s mother, Blessing Nkencho, said her family was not happy about the delay. In a statement this week to the , Gsoc reiterated that the investigation into Mr Nkencho’s death is at an “advanced stage”.
It said: “Gsoc is acutely aware that the second anniversary of Mr Nkencho’s death is fast approaching, and remains grateful to the Nkencho family for its engagement with us, at what continues to be a very difficult time for them.
It said the draft report is currently under internal and external review and a legal review. It added: “On foot of these reviews Gsoc will consider any further action necessary to ensure that the investigation is comprehensive and meets the requisite standards under Article 2 of the European Convention on Human Rights.”
This article obliges states to conduct a proper and adequate official investigation into deaths resulting from the actions of state agents.
The statement said: “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 said there is no time frame yet for that. Gsoc pointed out that the report is not a public document, but that once the Commission makes its decision, a statement will be issued.
If the Commission refers the matter to the DPP – as seems likely – there will be no further comment until the DPP makes its decision on whether or not any charges should be brought. “Gsoc will, however, make the findings publicly available as and when other statutory processes permit,” the statement said.