Gardaí in shooting may face charges

THE Director of Public Prosecutions is considering whether criminal charges should be brought against armed gardaí who shot dead two raiders in a trap last May.

Colm Griffin and Eric Hopkins were shot by members of the elite Emergency Response Unit (ERU) as they attempted to rob a post office in Lusk, north Dublin, on May 26.

The post office had been staked out by armed officers, who were waiting inside and outside the building, after they received a tip-off.

Members of the public and staff were inside the post office and did not know of the garda operation.

“A full investigation file has gone to the DPP in relation to the robbery and the subsequent shooting,” confirmed a garda spokesman.

He said “any evidence” in relation to the shooting was with the DPP, who could decide to charge gardaí if there was evidence to show they unlawfully discharged their weapons.

The file also contains evidence against two gang members who were arrested at the scene but have not yet been charged with any offence.

A fifth member of the gang, from Dublin’s north inner city, has been charged with possession of a firearm and intent to commit a robbery.

The investigation was carried out by Chief Superintendent Kevin Ludlow of Anglesea Street garda station, Cork. He was appointed by Deputy Commissioner Fachtna Murphy to look into all aspects of the case.

The garda spokesman said that if the DPP decides against prosecuting gardaí, the officers could still face internal disciplinary proceedings if any breach occurred.

A number of groups and campaigners have called for an independent investigation, including Labour party justice spokesman Joe Costello, Amnesty International, Professor Dermot Walsh, of the Centre for Criminal Justice in University of Limerick and Trinity College law professor Ivana Bacik.

Prof Walsh pointed out that under the European Convention of Human Rights, now part of Irish law, the State was “legally obliged” to carry out an independent and effective investigation into killings.

He said any investigation would have to establish whether the gardaí believed the gunman was about to open fire before they shot him.

Prof Walsh was critical of how gardaí let the operation get to the stage where the raiders were allowed to enter the post office before being confronted.

There were also questions as to how the second man, who it seemed was not carrying a firearm, was shot and the lack of gardaí at a back and side entrance to the post office, which the gang used to enter.