'We need a fresh inquest': family refuses to give up campaign for justice for Shane Tuohey

Pencil sketch of Shane Tuohey (centre) whose body was found in the River Brosna a week after he went missing after a night out in Clara in 2002.

The case of an Offaly man who was found dead in a river a week after he went missing 20 years ago is being highlighted this week as part of a campaign seeking reform of the inquest system.

The online #PeaceandAnswers campaign by the Irish Council for Civil Liberties (ICCL) began on Tuesday and focuses on the story of Shane Tuohey from Rahan, Co Offaly. 

The stories of other grieving families will be shared online in the coming weeks by the ICCL as part of the campaign.

Twenty-three-year-old Shane Tuohey went missing in February 2002 after a night out in Clara and his body was discovered in the River Brosna one week later.

His inquest recorded that his death was by drowning, and gardaí suspected he had taken his own life.

However, the family want a fresh inquest as they say there was evidence that he was assaulted before he disappeared, which was not heard at his inquest.

His sister Gemma Guinan said: “We do not want sympathy. We need a fresh inquest.” 

Sinead Nolan of the ICCL said: “We're finally seeing some traction on our call for root-and-branch reform, and the Oireachtas Justice Committee want to hear from us in June.”

Between now and then we want to make sure politicians know their voters care about this issue.

She added: “We hope people will be moved to write to their local representatives when they read about some of the cases we've researched.” 

She continued: “Shane's case has received considerable coverage in the media, but still no movement on his family getting a new inquest.” 

But Ms Guinan says a fresh inquest cannot be held before an inquiry into the garda handling of the case has been concluded.

Retired Judge Donagh McDonagh was appointed in May 2017 to “inquire into a matter of public concern, namely the conduct and adequacy of the investigations conducted by An Garda Síochána into the death of Shane Tuohey in February 2002”.

Members of the Tuohey family met with the Minister for Justice, Helen McEntee, in February to find out the status of the inquiry.

Ms Guinan says the family has no right to representation or participation in the inquiry.

She said: “It is ridiculous. It has nothing to do with how Shane Tuohey died.” 

A spokesman for the Department of Justice told the Irish Examiner: “Minister McEntee is conscious of the distress caused to the Tuohey family as they await the conclusion of the Inquiry relating to the investigations into the death of Shane." 

Unfortunately, Judge McDonagh informed the Minister that he was unable to continue with the work of the Inquiry, due to personal reasons.

"Consequently, on 11th January 2022, Minister McEntee appointed retired District Court Judge, Michael Coghlan, to continue the work of the Inquiry.” 

He said the minister is now awaiting the final report from the inquiry team, adding: “While the Inquiry remains independent of the minister, the minister has assured Judge Coghlan that every possible resource will be made available in order that the work of the Inquiry can be concluded in a timely and efficient manner.” 

He said the meeting between the Tuohey family and Ms McEntee provided her with an opportunity to listen to his family, “to express regret at the length of time the Section 42 Inquiry has taken to date and to affirm the Minister’s commitment to the completion of the Inquiry under the new judge as soon as possible.”