GSOC Statement: investigation into death of Mr George Nkencho

The Garda Síochána Ombudsman Commission (GSOC) can confirm that it has been notified by the Office of the Director of Public Prosecutions (DPP) of its decision not to direct a prosecution in the case of the tragic death of Mr George Nkencho, who was shot and killed by a member of the Garda Síochána Armed Support unit outside his family home in West Dublin on 30 December 2020.

The incident was the subject of an independent criminal investigation by GSOC, which concluded in June 2023 with the submission by GSOC of an investigative file to the DPP.  DPP is independent in its functions, pursuant to section 2(5) of the Prosecution of Offences Act, 1974.

GSOC has noted the DPP’s decision, and has notified interested parties in the case, including the Nkencho family and Garda Members involved.

GSOC has further notified the Nkencho family of their entitlement under the Criminal Justice (Victims of Crime) Act 2017 to a summary of reasons from the DPP for its decision not to prosecute, as well as their statutory entitlement to request a review of the decision.

While GSOC can make no further comment at this time, it will continue to engage with the Nkencho family in the context of Coronial proceedings and any other statutory processes that may arise. GSOC further reiterates its undertaking to make the substantive detail of its investigation publicly available as and when other statutory processes permit it to do so.

ENDS

NOTE TO EDITOR

Background to this case

On Wednesday, the 30th December 2020 a member of the Garda Síochána Armed Support Unit shot and killed Mr George Nkencho outside his family home in West Dublin.

The incident was referred by An Garda Síochána to the Garda Síochána Ombudsman Commission (GSOC) further to s102(1) of the Garda Síochána Act.*

GSOC commenced an independent criminal investigation into the incident, pursuant to s98 of the Act.**

On 19th June 2023 the Garda Síochána Ombudsman Commission completed its investigation and forwarded a file*** to the Office of the Director of Public Prosecutions (DPP). GSOC issued a detailed statement at this time, available HERE.

* Section 102(1) of the Garda Síochána Act 2005 provides for the referral to GSOC by An Garda Síochána of “any matter that appears to the Garda Commissioner to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person”.

** Section 98 of the Act lays out the investigative powers of GSOC designated officers where the matter being investigated appears to involve an offence.

*** The file is an investigative report, drafted subject to s101 of the Act. This is a statutory report, whose purpose is to be considered by the Ombudsman Commission. In the event that the Ombudsman Commission is “of the opinion that the conduct under investigation may constitute and offence”, it is obliged to forward it to the Office of the Director of Public Prosecutions, whose role it is to decide whether a prosecution should take place. It is to be noted that, as is the case with analogous investigative files produced by other agencies, including An Garda Síochána, a report produced under s101 of the Act is not a public document and is not suitable for publication. GSOC is empowered under other provisions in the Act to publish information on its investigative work. In this case, GSOC has undertaken to make substantive detail of its investigation publicly available as and when other statutory processes permit.

GSOC’s Statutory Role

The Garda Síochána Ombudsman Commission (GSOC) was established in 2007 under the Garda Síochána Act, 2005.

GSOC’s statutory role is to independently investigate the conduct of members of An Garda Síochána on foot both of complaints by members of the public, and of referrals made to it by the Garda Commissioner. GSOC may conduct investigations with respect both to disciplinary and criminal matters.

While GSOC has an investigative function, it has no role whatsoever in prosecuting criminal matters, nor in internal Garda discipline.

Where in the course of a criminal investigation GSOC finds evidence of conduct that “may constitute an offence”, it is obliged to forward its investigative file to the Office of the Director of Public Prosecutions (DPP), whose sole role it is to decide whether or not charges should result.

As an investigative agency, GSOC has a role in participating in Court proceedings. This includes acting as a witness in criminal proceedings. However, GSOC has no prosecutorial role.

Where GSOC is investigating an incident in which a death has occurred, the Coroner is empowered under the Coroners Act, 1962 as amended to request the attendance, testimony and assistance of GSOC in coronial proceedings. This is analogous to the role An Garda Síochána plays in coronial proceedings when they are the lead investigative agency.