Report following a referral made by the Minister for Justice and Equality on the 29th of April 2014 and related complaints from Mrs Lucia O’Farrell and Ms Gemma O’Farrell

31 May 2018

The Garda Síochána Ombudsman Commission (GSOC) has published a report into its investigation into matters surrounding the tragic death of Shane O’Farrell on 2  August 2011.

Fifty six separate allegation were investigated by GSOC. Having considered the investigators’ report, the Commission is satisfied that there was no conduct (on the part of gardaí) that would constitute a criminal offence or offences.

However, there was conduct that requires further investigation for possible breaches of the Garda Disciplinary Regulations.  Thirteen of the 56 allegations are now the subject of disciplinary investigation under section 95 of the Garda Síochána Act 2005..

An investigation was begun by GSOC after the then Minister for Justice and Equality, Mr Alan Shatter TD, made a request to GSOC on 29 April 2014 for an investigation in relation to  a number of issues raised by Mrs Lucia O’Farrell, Shane’s mother, and her family about the circumstances of her son’s death.

Mrs O’Farrell and her daughter, Ms Gemma O’Farrell, had previously made a number of complaints to GSOC. It was decided by GSOC that all the matters raised would form part of a wider investigation and that this investigation would be designated a criminal investigation (that is, under section 98 of the Garda Síochána Act 2005 which is conducted when complaints appear to or may involve offences).

NOTE The criminal and disciplinary investigations could not be carried out simultaneously as, under the Garda Síochána Act 2005, a criminal investigation must be completed before a disciplinary investigation can be carried out. In this case, the criminal investigation has now been completed and the disciplinary investigation is underway.