Members of the Garda Armed Support Unit (ASU) involved in the fatal shooting of George Nkencho are to be given anonymity during the 27-year-old’s inquest hearing in the interest of their security and “national security”.
A sitting of Dublin District Coroner’s Court, held in preparation for the inquest, heard that anonymity will be afforded to two members of the unit who were directly involved in Mr Nkencho’s death.
Mr Nkencho was shot several times by members of the unit outside his family home in Clonee, Co Dublin, after he appeared to lunge at gardaí with a knife in the aftermath of an alleged assault by him at a nearby shop on December 30th, 2020.
His family, who failed in an appeal against the Director of Public Prosecutions’ decision not to prosecute gardaí involved, has been highly critical of the level of force used on the day of his death.
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Coroner Dr Myra Cullinane proposed on Friday morning that the two members would be screened while present in court, and would only be visible to her, the jury and potentially legal representatives.
Their names would also be redacted in all documentation.
Although he did not foresee any objections concerning the anonymity, Seoirse Fennessy, counsel for the Nkencho family, sought to reserve his position on the matter so that he could consult them.
“You can’t reserve your position in relation to that because I’m ruling on it,” Dr Cullinane said. “I think it’s important in terms of issues of national security and the security of witnesses. I’m sure you understand the basis of it.”
The anonymity is expected to be afforded to two members only, with Dr Cullinane saying she did not believe it necessary to extend it to other gardaí who were present but not directly involved.
Video clips to be shown during the hearing, which is yet to be scheduled, will also be pixellated to avoid identification, she said.
While noting that “technology has moved on” since anonymity was last afforded to witnesses in the court, Dr Cullinane suggested it would be better for the witnesses to be physically present for the hearing. However, she said she would consider allowing remote attendance.
Dr Cullinane said the inquest, which will also hear from Fiosrú investigator Stuart Duguid and family witnesses, will take into scope an examination from “the systems point of view of the actions of An Garda Síochána”.
She said it would be conducted inquisitorially “without blame or exoneration of any named party”.
She asked all parties to “be mindful” of her aspiration to hold the inquest hearing this year and requested Frank Kennedy, counsel for An Garda Síochána, to consult his client in relation to a number of matters.
These include whether or not he represents the two members of the ARU, or if they should be advised to seek their own legal representation.
Separately, an application by Fiosrú, formerly known as the Garda Síochána Ombudsman Commission (Gsoc), to be nominated as a “properly interested person” in the case was granted by Dr Cullinane.
The decision means Fiosrú, which investigates alleged Garda wrongdoing, will be fully involved in the proceedings, benefiting from the full disclosure of all documentation that will be used and the ability for its legal representation to question witnesses.
Dr Cullinane said “significant documentation” had been received from Fiosrú, including 252 statements, as well as a number of Garda directives and training material.
She proposed that An Garda Síochána be given an opportunity to review the documentation in advance of making a general disclosure to other parties, “should there be a claim of privilege over anything contained in those documents”.
