Dublin coroner in stinging attack on ombudsman

THE Dublin City Coroner yesterday launched a stinging attack on the newly established Garda Ombudsman Commission.

The dressing-down came as Dr Brian Farrell refused an application by the commission for an adjournment to an inquest into the death of two armed robbers.

The commission said it was reviewing the ruling and would consider whether or not to take a case to the High Court.

Colm Griffin 33, of Canon Lillis Avenue and

Eric Hopkins, 24, of Lower Rutland Street, both in Dublin, were shot dead by an Emergency Response Unit (ERU) officer as they attempted to hold up Lusk Post Office, north Dublin, on May 26, 2005.

Commission member Conor Brady applied to adjourn the inquest last Tuesday while the jury was deliberating after it received a complaint of “inappropriate lethal force” in the death of Hopkins.

He requested an adjournment under section 25 of the Coroners Act, so as not to prejudice any possible criminal prosecution. He told the court that while the complaint had been received by the commission on August 31, a senior officer had only seen it on September 21 and he only saw it three days later.

But Dr Farrell said the commission had:

Failed to contact the office about the complaint at the first opportunity.

Failed to consult with the coroner’s office before making its decision.

Failed to use its discretion and was not reasonable and proportionate when deciding to make the application.

“I’m concerned about the lack of consultation, I’m concerned about the failure to consider discretion,” said Dr Farrell.

He added: “I thought a complaint of use of unlawful lethal force was a complaint necessitating the highest priority.” He said it would have been “manifestly unfair” to Garda and lay witnesses to adjourn the inquest. He said the jury would restart its deliberations tomorrow.

Afterwards, Mr Brady said: “We really can’t say anything at this stage, this is a judicial process. We are going to consider the situation among ourselves.”

John Healy of the Garda Representative Association said the commission’s application was surreal, spurious and ill-judged and welcomed the coroner’s decision. The Ombudsman’s investigation may take a year.