The Director of Public Prosecutions has ruled that no charges should be brought against a detective who fatally shot Mark Hennessy, the man who abducted and murdered Jastine Valdez just over a year ago.
The decision by the DPP follows an investigation by the Garda Síochána Ombudsman Commission into the shooting at Cherrywood Business Park, south Dublin, on Sunday 20 May 2018.
In a statement, a GSOC spokesman said: “We can confirm that a file was sent by us to the DPP and they have directed no prosecution.”
She confirmed the file was in relation to the fatal shooting of Mark Hennessy.
Hennessy, aged 40 and from Bray, Co Wicklow, was tracked down to the Cherrywood Business Park following a massive garda manhunt both for him and Ms Valdez.
The 24-year-old student had been abducted from the roadside in broad daylight at Enniskerry, Co Wicklow, on Saturday 19 May.
After a 999 call directed gardaí to Cherrywood, a detective and a traffic garda arrived separately at the scene at around 8pm on Sunday.
It was reported that this 999 call indicated there were two people inside a vehicle in question.
At that stage, gardaí did not know whether or not Ms Valdez was in the car or if she was still alive or not.
Various reports circulated in the media as to the circumstances that led to the shooting, including one that Hennessy was seen making stabbing motions in the car.
The scale of the media reports prompted GSOC to make a statement then.
That statement confirmed that a Stanley blade was found in the car and that self-harming wounds were found on the man's body.
It confirmed that one shot was fired striking Hennessy in the shoulder and that the bullet entered his torso causing fatal injuries.
The GSOC investigation would have examined whether the detective garda believed there was an immediate danger to someone's life or his own.
This would have included a fear that Ms Valdez may have been in the car and that the stabbing motions could have been inflicted on her, sources said.
Under Article 2 of the European Convention of Human Rights GSOC is obliged to ensure that the loss of life is justified in all the circumstances.
The shooting was referred to GSOC under the Garda Siochana Act 2005, which obliges the Garda Commissioner to refer cases where the conduct of a garda may have resulted in the death or serious injury of a person.
Ms Valdez's remains were found in remote Rathmichael, south Dublin, on Monday 21 May.