The Garda Síochána Ombudsman Commission has formally launched a criminal investigation into the fatal shooting by an armed Garda of George Nkencho in west Dublin last week.
As the Irish Examiner reports, the decision is part of a procedural process within Gsoc and follows an initial examination of the incident and a decision that a full investigation into “potential” criminal offences is required.
Various sources have stressed this does not mean it suspects the garda who shot Mr Nkencho committed a criminal offence, but that a full investigation is needed to determine whether that is the case.
The same process was instituted in the Gsoc investigation into the shooting dead by a Garda of Mark Hennessy in May 2018, which resulted in the DPP directing that no criminal prosecution should be taken against the Garda.
A Gsoc spokesperson said: “We can confirm the investigation is now being conducted in accordance with section 98 of the Garda Síochána Act 2005.”
The decision follows a preliminary examination of the incident under section 91 of the Garda Síochána Act 2005.
Graduated response
Gsoc is now undertaking an investigation under section 98 of the Act, which is for the “purpose of investigating incidents that appear to involve offences”.
Mr Nkencho was fatally shot outside his home on Manorfields Drive, Clonee, Dublin, shortly after 12.30 on December 30th by a member of the Garda Armed Support Unit.
Garda statements have said that Mr Nkencho had threatened people and unarmed gardaí with a knife at Hartstown Shopping Centre after he allegedly assaulted a shop worker.
Gardaí have said that when Mr Nkencho got to the house, he threatened the officers with a knife, and they implemented a graduated response, using less than lethal weapons.
Gardaí say two discharges of taser and a discharge of pepper-spray were unsuccessful and shots were fired.
There were around 12 gardaí at the scene and several members of Mr Nkencho's family in the house.
