Gardaí had detained George Nkencho under Mental Health Act in year before his death, inquest told

Dublin District Coroner’s Court heard that Me Nkencho had been examined by a doctor during his detention and deemed not to pose a risk either to himself or the public.

The coroner's court also heard that George Nkencho (pictured) had behaved bizarrely five days after his garda detention when he became violent to other family members by throwing furniture at them as well as talking and muttering to himself.

An inquest into the fatal shooting of George Nkencho by gardaí has heard how the deceased was detained under the Mental Health Act by gardaí and threw furniture at his family in the year before his death.

Details of Mr Nkencho’s mental health problems were outlined in evidence by a senior investigation officer with Fiosrú, Stuart Duguid, who investigated the circumstances of the fatal incident involving members of the Garda Armed Support Unit (ASU) outside Mr Nkencho’s home in west Dublin on December 30, 2020.

Mr Duguid told a sitting of Dublin District Coroner’s Court that Mr Nkencho had been detained under the Mental Health Act by gardaí on January 12, 2020. He said the deceased had been examined by a doctor on that date and deemed not to pose a risk either to himself or the public.

Five days later, Mr Duguid said Mr Nkencho’s sister, Gloria, reported that her brother was behaving bizarrely when he became violent to other family members by throwing furniture at them as well as talking and muttering to himself.

The inquest heard that a doctor was called on June 8, 2020, when Mr Nkencho was reported to be smoking weed and behaving aggressively and shouting so that one of his sisters locked herself in a car for her own safety. Mr Duguid said a doctor who called to the family home got conflicting information as Mr Nkencho’s mother, Blessing, denied that her son had been using cannabis.

After another visit on July 15, 2020, when Mr Nkencho was reported to be verbally and physically aggressive, a doctor recommended that his mental health should be assessed. The inquest heard that on the same date, he had denied using drugs.

Mr Duguid outlined how mental health specialists called to the family home on August 4, 2020, and again two days later to assess Mr Nkencho, but he was not present. The witness said the deceased left his house on the second date in order to avoid being assessed.

Mr Nkencho, aged 27, suffered fatal gunshot wounds after an ASU member — known only as Garda A — fired six rounds from a sub-machine gun during the incident outside his home at Manorfields Drive, Clonee, Co Dublin.

The deceased had carried out an unprovoked assault on a manager at the nearby Eurospar store in Hartstown a short time earlier as well as threatening staff with a knife.

His family claim the level of force used against him was disproportionate. However, the DPP directed that no prosecution should arise over the circumstances of Mr Nkencho’s death following an investigation by the Garda Síochána Ombudsman Commission (now known as Fiosrú).

Garda training

In other evidence, a senior instructor with the Garda Firearms Training Unit told the tenth day of the inquest that he believed there was no safe way to de-escalate the situation which unfolded. Sergeant John Heaney said a firearm had only been used after tasers and pepper spray were ineffective when the deceased was threatening gardaí with a knife.

Sgt Heaney said the use of such less lethal weapons had not caused Mr Nkencho “any pain or discomfort”. “In my opinion, this scenario could not have been de-escalated,” said Sgt Heaney, who designed and delivered the pre-deployment course for ASU members.

The witness explained that ASU candidates were required to obtain a mark of at least eight on a scale of 1-11. Sgt Heaney said Garda A had obtained a rating of four at the start of the training course which was “normal enough” as candidates were expected to gradually score higher marks as the course progressed.

He confirmed that Garda A had scored an eight across all areas by the completion of the course and stated there had not been any significant concerns about his performance. “If there had been any concerns at all, he would have been failed,” he added.

In reply to questions from coroner Myra Cullinane, Sgt Heaney said the ASU training course had a high failure rate with eight or nine candidates out of a group of 20 expected to fail.

He said fully qualified ASU members were also required to engage in continuous refresher courses which were twice a year for firearms and once a year for judgemental scenarios.

Sgt Heaney outlined how ASU members receive training in various modules including firearms, less lethal weapons, tactics and crisis incidents.

He told counsel for the Nkencho family, Eanna Molloy SC, that the training would involve scenarios involving people with mental health issues, although they most related to “self-harmers”. Sgt Heaney said such scenarios were about containing the situation.

He pointed out that mental health covered “a wide spectrum” and it was impossible to arrange scenarios that covered everything. Sgt Heaney said ASU candidates would be required to face eight scenarios on their own within a house including one relating to mental health.

In reply to questions from counsel for An Garda Síochána, Ronan Kennedy SC, the witness said ASU candidates were required to justify any use of force. While the use of lethal force was meant to be a last resort, Sgt Heaney said it could be justifiable “straight away” if an officer was faced with an immediate threat to their life.

Weapon

Having watched a video taken by a passer-by of the fatal incident in which five of six shots fired by Garda A was recorded, Sgt Heaney said there would be a delay between the shot being fired and when it was heard on the recording.

He said the scenario would not have been suitable for the use of a less lethal 40mm launcher, which is one of the devices available to ASU members, as it would have been “completely the wrong weapon to bring out.” 

The witness said there was a problem with tasers being able to penetrate heavy clothing but he understood it would be eliminated with the latest type of tasers which will “go through jackets.” Sgt Heaney observed that knives are lethal weapons and kill more people than firearms.

He said an individual with a knife could take out three or four people very quickly causing them serious injury or death. The inquest heard that on average five knives are seized by gardaí every day with 18,906 knives taken off the streets between 2015 and 2024. 

Official Garda figures show there was a 28% increase in the number of knives seized between 2020 and 2024 compared to the previous five-year period. Around 2,000 knives are currently seized by gardaí each year.

Review

The senior garda overseeing ASUs in Dublin, Detective Superintendent Enda Grogan, told the inquest that directives on responses to emergency incidents were being reviewed “to bridge the gap” in tactical supervision between “spontaneous responses and more protracted incidents”. 

Det. Supt Grogan explained that on-scene commanders were typically assigned to prolonged incidents while the initial ASU responders were very much responsible for any decision regarding the use of force.

He told the hearing that the addition of a third officer with two-member ASUs was not considered feasible due to resources.

However, Det. Supt Grogan said the appointment of an additional person based in the Garda control centre to provide initial tactical command before an on-scene commander was needed was “at a very advanced stage”. 

He claimed training for ASU members with regard to individuals with mental health problems covered “a broad range” of scenarios including those who might cause harm to others. Det. Supt Grogan told the inquest that An Garda Síochána was actively pursuing the idea of introducing tasers which would automatically activate body cameras when deployed.

The inquest before a jury of five women and four men will resume on Thursday.