Gsoc raised 'operational risks' with Garda Commissioner during Nkencho probe

The Garda Síochána Ombudsman Commission has completed its investigation into the fatal shooting of George Nkencho.

The Garda Ombudsman alerted the Garda Commissioner of “live operational risks” in how gardaí dealt with crisis situations that it had identified during its investigation into the fatal shooting of George Nkencho.

The revelation highlights potential dangers in how gardaí are responding to such situations, though it is not clear if it reflects specific failures in how the organisation or gardaí on the ground dealt with Mr Nkencho’s case.

The 27-year-old was shot a number of times by an armed officer outside his home in Clonee, west Dublin, on December 30, 2020.

Gsoc announced on Monday its two-and-a-half-year investigation is complete and that it has sent its file to the Director of Public Prosecutions (DPP), who will decide if charges should be brought.

It is not clear if the Gsoc file has made any recommendation that the garda should be prosecuted, which it has discretion to do.

In a statement, Gsoc did say the three-person Ombudsman Commission that heads the watchdog is obliged to forward the investigation file to the DPP if it is of the opinion the conduct under investigation “may constitute an offence”.

Family meets Gsoc

The family of the deceased met Gsoc on Monday.

Family solicitor Phelim O’Neill told the Irish Examiner that while Gsoc can give recommendations, that, as with Garda investigations, victims are not typically told. He said the family does not know if Gsoc has made any recommendation.

In a five-page statement, Gsoc said it completed an initial draft of its investigative file in August 2022. It said this was subject to an “internal peer review” by a senior officer not involved in the investigation.

It said Gsoc referred this draft for independent peer review by experts outside the jurisdiction.

“Arising from the peer review analysis, Gsoc identified some areas of live operational risk for An Garda Síochána," it said.

“The Ombudsman Commission communicated this to the Garda Commissioner, so that it may be addressed at the earliest opportunity.” 

Speaking outside Gsoc offices after their meeting, Gloria Nkencho, sister of the deceased, said there had been a “racial element” to the public debate and alleged there was a “racial bias” within law enforcement.

“We trust that the DPP will conduct a fair and impartial assessment, taking into account any potential bias that may have influenced the officer's actions and that tragic day,” she said.

She said it is also essential to recognise “the impact of George’s mental health struggles” and that there is a need for proper training and resources “to equip our law enforcement agencies in effectively handling individuals experiencing mental health crises”.

She criticised the “insidious influence of racial bias” that had tainted the initial media coverage and inaccurate reporting.

“However, today's announcement fills us with the hope that this long-standing injustice will be rectified, finally dispelling the inaccuracies that have plagued understanding of the facts surrounding my brother's untimely death,” she said. 

The family is continuing with a civil action against the State and An Garda Síochána.