Patrick Nugent's family secures state inquiry into his death in 1984
His family have called on the Department of Justice to set up a wide-ranging public inquiry as quickly as possible, though its terms of reference have yet to be determined.
A campaign for justice for Patrick, late of Feenagh, Sixmilebridge, by his late parents, Joe and Nellie, and since by his brothers, Martin and John, has spanned three decades.
John Nugent said the family wanted to make written submissions to the inquiry and did not want it to be conducted behind closed doors.
“We want this inquiry to be completed in a timely fashion, as quickly as possible, and don’t want it dragging on for years and years,” he said.
“We need the inquiry to give us answers over what exactly happened Patrick that night. This inquiry should have been conducted at least 25 years ago. I suppose it is better late than ever.
“It is a relief that Patrick’s death will be the subject of an inquiry, because we had almost lost hope, because this was going on so long.”
On June 3, 2014, John Nugent wrote to Ms Fitzgerald.
He outlined questions the family raised 31 years ago: “Who struck Patrick before he died? If Patrick was simply knocked down, who moved his body and why? Why was there such a delay in informing local gardaí about this death.
"Why were the family told different reasons as to how Patrick died. Who pressurised the witnesses to suppress their evidence?”
John Nugent made a fresh appeal for anyone who might have seen something suspicious that night to come forward.
The death of Mr Nugent was one of the 320 cases examined by the independent review mechanism set up by Justice Minister Frances Fitzgerald, following a complaint made by the family, relating to alleged garda misconduct, in June 2014.
Ms Fitzgerald appointed a panel of barristers to conduct a review.
Their role was to review the correspondence and documentation in each case, examine the action that had already been taken, and to advise what further action might be appropriate.
Having considered the papers in this case, counsel recommended that the minister should appoint a person, pursuant to Section 42 of the Garda Siochána Act, to inquire into the circumstances surrounding the death of Mr Nugent.
In a letter to John Nugent, the minister confirmed she had accepted the recommendation of counsel.
John Nugent said the family did not want the inquiry to be established solely on the provisions of Section 42 of the Garda Siochána Act. If only this provision was applied, he said its findings could not be admissible in any subsequent criminal proceedings, which was not acceptable to the family.
A Department of Justice spokesman said that in some cases the counsel panel made recommendations for special inquiries under Section 42, which the minister accepted.
“Section 42, as amended by Section 42 of the Criminal Justice Act, 2007, sets out the statutory scheme for the establishment of a special inquiry under that section.
"In the first instance, the minister will be consulting with the attorney general, in relation to the setting-up of the special inquiries recommended by the panel,” he said.
Martin Nugent said the 19-month delay before the completion of the independent review was difficult for the family, as it was akin to reliving the time after Patrick’s death.
The family want an input into the completion of the terms of reference to ensure transparency and to answer a number of questions surrounding Patrick’s death.
They believe the new inquiry should examine evidence provided during the inconclusive trial and inquest, which attracted huge local and national media coverage at the time, and examine the subsequent Garda internal investigation.
They say the new inquiry should have the statutory powers to compel witnesses to give evidence.
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