George Nkencho's family to appeal DPP decision not to prosecute for fatal Dublin shooting
The Garda Síochána Ombudsman Commission (GSOC) confirmed on Wednesday, April 24 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 2020 death of George Nkencho. Nkencho, 27, was shot and killed by a member of the Garda Síochána Armed Support unit outside his family home in West Dublin on December 30, 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, which is independent in its functions. GSOC said on Wednesday that it has noted the DPPʼs decision, and has notified interested parties in the case, including the Nkencho family and Garda Members involved.
GSOC said it 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 said it can make no further comment at this time, it did say it will continue to engage with the Nkencho family in the context of Coronial proceedings and any other statutory processes that may arise. GSOC also reiterated its undertaking to make the substantive detail of its investigation publicly available as and when other statutory processes permit it to do so.
RTÉ News reports that An Garda Síochána said it noted the decision of the DPP.
It added: "Commissioner (Drew) Harris reiterates today his and the organisation's sympathy with the family of George Nkencho.
"An Garda Síochána will await further information from GSOC on its next steps before commenting further."
In a statement, the Nkencho
family, who previously said that Geroge was "suffering from serious mental illness," said it is "disappointed with the decision of the Director of Public Prosecutions not to prosecute members of An Garda Síochána involved in the shooting dead of their son and brother George.
"The family intend to appeal this decision and in the circumstances will not be making any further statements until this process has been concluded." On December 30, 2020, An Garda Síochána said that at approximately 12:15 pm that day, Gardaí responded to reports of a public order incident involving a male, in his late twenties, armed with a knife at Hartstown Shopping Centre.
During an incident at the EuroSpar business premises in Hartstown Shopping Centre, a male staff member received facial injuries. The male received medical attention in Connolly Memorial Hospital. Subsequently, a second public order incident was reported at the Post Office in the Hartstown Shopping Centre. Uniform, unarmed Gardaí responded to the scene and observed a male in possession of a knife. The male continued to threaten members of the public and unarmed Gardaí with the knife, An Garda Síochána said. Gardai followed the male on foot and in vehicles from the Hartstown Shopping Centre towards Manorsfields Drive, Dublin 15. During this period, Gardaí were engaging with the male and encouraging him to drop the weapon.
Members of the Armed Support Unit arrived at a scene in Manorfields Drive, Dublin 15. The Armed Support Unit was also threatened with a knife and implemented a graduated response where the use of less-lethal force options (taser and OC spray) was initially administered in an effort to resolve the incident. The lesslethal use of force options were unsuccessful.
At approximately 12:35 pm, a member of the Armed Support Unit discharged a number of shots from his official firearm, shooting the male.
The male was treated at the scene by Garda Armed Support Unit paramedics and Dublin Fire Brigade paramedics and transferred to Connolly Hospital Blanchardstown, where he was pronounced dead.
The incident was referred by An Garda Síochána to the 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 June 19, 2023, the GSOC completed its investigation and forwarded a file to the DPP. At the time, GSOC said that it was "acutely aware" that the events and consequences of December 30, 2020 "have been extremely traumatic to the Nkencho family. "GSOC has at all times sought to complete the investigation as quickly as possible," the Commission said in a statement. "We recognise and acknowledge that the duration of this investigative process and the statutory processes that flow from it have been the cause of frustration.
"We thank the Nkencho family for their patience and understanding and for their continued engagement with us at what we appreciate continues to be a very difficult time for them."