The investigation into the fatal shooting by gardaí of George Nkencho in December 2020 has concluded and a file has been sent to the Director of Public Prosecutions (DPP), whose office will determine if any gardaí should face criminal charges. The dead man was the first person of colour ever fatally shot by a Garda member.
The Garda Siochana Ombudsman Commission (Gsoc), which conduct the investigation into the fatal shooting, met on Monday morning with the Nkencho family and informed them of the decision to send a file to the DPP. It is not clear if Gsoc will make a recommendation on whether charges should be pursue or not. That information was not shared with the family.
Mr Nkencho was shot dead in the front garden of his family’s home in Clonee, Dublin 15, on December 30th, 2020, after a dispute during which he was armed with a knife. He was shot a number of times by the Garda Armed Support Unit after he appeared to lunge at gardaí with the weapon in the aftermath of an alleged assault by him at a nearby shop.
The shooting followed an interaction between Mr Nkencho and gardaí, during which Tasers and pepper spray were used in a bid to subdue him, the Garda said. The dead man’s family has said he was suffering from mental health issues and has been highly critical of the level of force used on the day.
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Mr Nkencho’s sister, Gloria Nkencho, on Monday welcomed the decision of Gsoc to send a file to the DPP, saying it represents the latest step in the family’s quest for justice.
“This development brings us a sense of relief and hope as it signifies the potential for criminal charges to be brought against the officers responsible for George’s death,” she said. “Our family firmly believes that those accountable for George’s untimely passing should face the full extent of the law.”
Her family was also “encouraged by the prospect of a thorough examination” of the case by the DPP and she “implored” the DPP’s office to “carefully consider the strength” of the investigation team’s findings. “We trust that the DPP will conduct a fair and impartial assessment, taking into account any potential bias that may have influenced the officers’ actions on that tragic day.”
Speaking to the media outside the offices of Gsoc in central Dublin, Ms Nkencho criticised what she termed the “insidious influence of racial bias that tainted the initial media coverage of George’s case”. She also questioned if her brother would have met with a different response from the Garda on the day he was fatally shot if he had been “a white middle class young man from the leafy suburbs of south county Dublin”.
She believed the case raised a number of issues, including around how well trained and equipped gardaí were, including in de-escalation techniques. It was also “essential to recognise the impact” of her brother’s “mental health struggles”.
An inquest into Mr Nkencho’s death has been repeatedly adjourned pending the conclusion of the inquiry by Gsoc, which investigates alleged Garda wrongdoing, up to and including criminality. Gsoc is also legally obliged to investigate an incident involving death or serious injury to any person at or around the time they have had dealings with gardaí. Gsoc had previously undertaken to complete its investigation by the first anniversary for Mr Nkencho’s death.
In a statement, Gsoc said it had forwarded the investigative file to the DPP on Monday. “This investigation is now complete, and a direction by the DPP is awaited. GSOC will make no further comment at this time. GSOC undertakes to make the substantive detail of its investigation publicly available when other statutory processes permit.”
Ruth Coppinger, a former Socialist Party TD for the Dublin West constituency, has worked with the family since the fatal shooting and welcomed the decision of Gsoc to send a file to the DPP. She said the family had faced a “battle” to “get the investigation done in prompt way” and had also had to contend with racially motivated misinformation about Mr Nkencho being spread.
Those “lies and myths” were still believed by many people, she said. Ms Coppinger questioned not only the Garda’s actions on the day but also the care Mr Nkencho received from mental health services.
“It’s very unusual for the guards to kill somebody,” she said. “This is the first person of colour killed by the gardaí and we can’t escape that.”
Ms Coppinger said she had seen other incidents in her constituency where Garda members de-escalated dangerous situations without the need for lethal force as well as serious crimes, including murders, where the investigation was completed and the suspect went on trial and was convicted and jailed in a shorter time frame than it had taken Gsoc to conclude its inquiry into Mr Nkencho’s fatal shooting.
