Inquest is halted pending probe into raider’s death

AN inquest into the death of two raiders shot dead by elite gardaí was dramatically halted yesterday after the Garda Ombudsman revealed it was investigating one of the killings.

Colm Griffin, 33, of Canon Lillis Avenue, and Eric Hopkins, 24, of Lower Rutland Street, both Dublin, were gunned down by the Emergency Response Unit as they attempted to hold up Lusk post office on May 26, 2005.

Griffin was carrying a semi-automatic handgun, Hopkins was unarmed.

Following a complaint, the ombudsman is investigating the shooting dead of Hopkins and sought to have the inquest into the two deaths stopped.

Dublin City Coroner Dr Brian Farrell said he would be seeking legal advice.

After five days of detailed evidence from post office staff, customers and the gardaí who foiled the raid, one of the Garda Ombudsman’s three commissioners Conor Brady asked for hearings to be halted.

The jury had already been deliberating on verdicts for one hour.

Dr Farrell said he had been put in an unprecedented position and revealed he would be seeking independent advice from the Department of Justice and the Attorney General.

Mr Brady revealed an ombudsman case officer received a complaint on August 30 over the killing of Hopkins, claiming elite gardaí used inappropriate lethal force.

Garda Commissioner Noel Conroy was notified within two days but it took almost three weeks for the file to be passed on to Mr Brady.

He revealed he read through the file last night and agreed with a decision to ask for the inquest to be halted pending an investigation by his office.

It is understood a member of the Hopkins family contacted the ombudsman.

Mr Brady accepted there was a delay in notifying the Coroner’s Court

“Coroner, I can’t pretend I am pleased by it. I would point out we are a relatively new organisation,” he said.

The ombudsman already has 1,500 contacts or complaints on its books.

An investigation into the Lusk sting may take a year.

Mr Brady said: “We have been going through this as rapidly as we can. I wish this had been identified at an earlier stage, I can only express regret that it was not.”

The foiled raid happened at 8am on May 26, 2005, just after a cash delivery of almost €50,000 had been made to the post office. Up to 25 experienced and armed gardaí were in the village as the ERU and National Surveillance Unit mounted their sting operation.

The inquest heard Griffin was shot twice by an armed ERU garda as the raider aimed at him. Griffin’s semi-automatic was loaded with six bullets but the safety catch was on.

A split second later the same garda turned and saw Hopkins appear to arm himself with the gun and move towards him. The garda opened fire and shot him in the chest. Hopkins was unarmed.

The officer, known only as Det Gda A, said he feared for his life and the lives of staff and customers.

Shane Murphy SC, counsel for the Garda Commissioner, said the eleventh hour adjournment application was unjustified, unnecessary and quite extraordinary.

He said the move was an abuse of process, grossly unfair on all those involved in the inquest.

The ombudsman declined to make any further comment on the issue.

Lawyers for the Hopkins family said they welcomed the intervention while the Griffin family said they supported the intervention.

Dr Farrell said the jury was asked to stop deliberating when the ombudsman contacted his office at lunchtime but he declined to comment on the timing of the application.

“I’m going to seek urgent legal advice in the next 24 or 48 hours in relation to the proposed application by the Garda Ombudsman Commission,” said Dr Farrell.

“I’m not ruling on it until I seek legal advice on the matter. I will make a ruling on it on Monday,” the Coroner said.

He refused to discharge the jury but asked them not to consider the matter any further until they receive instructions from his office.