Garda watchdog to give family files 4 years after death

THE Garda watchdog which investigated the death of a man following a Garda drugs raid in Cork almost four years ago has pledged to provide whatever documents it can to his family.

The Garda Siochána Ombudsman Commission (GSOC) gave the assurance at Cork City Coroner’s Court yesterday where it was confirmed gardaí will not face charges arising from the death in 2007 of David O’Mahoney.

Mr O’Mahoney, 22, became ill while gardaí were searching a house on foot of a search warrant in the Gurranabraher area of Cork city just after 7.30pm on November 14, 2007. He died at Cork University Hospital a few hours later.

A postmortem has established he died from cocaine, alcohol and lignocaine intoxication during restraint.

The commission was called in to investigate all the circumstances surrounding the death.

But, at a submissions hearing yesterday, city coroner Dr Myra Cullinane said a full inquest can now proceed after confirmation that no criminal proceedings are being contemplated arising from the death.

Mr O’Mahoney’s family’s legal representative, Gerry Hyland, applied to the coroner for access to a range of documents relating to the GSOC investigation, including interviews and statements of the gardaí involved in the raid; their notebook entries, and records of any briefings or debriefings they had; policy documents outlining the protocol of such raids; restraint training documents and garda policy on first aid training; expert medical reports from a forensic lab in England; and the report of the senior GSOC investigator.

The commission’s legal representative Michael O’Neill said GSOC had “no problem in principle” providing documentation to Mr O’Mahoney’s family.

But he ruled out providing the senior investigator’s report on legal grounds and said certain sections in other reports may have to be redacted for legal reasons.

“In as much as we can provide documentation, we are happy to do so,” he said.

A list of 17 witnesses has also been provisionally agreed.

Dr Cullinane said there will be an opportunity to directly question all the witnesses. She adjourned the inquest to consider the submissions and will mention it again on April 28 at which point a date for full hearing will be set.