An off-duty detective who shot and injured a man in Dublin last month is the subject of a criminal investigation by the Garda Síochána Ombudsman Commission (Gsoc).
Investigators from the ombudsman's office have been interviewing witnesses to the incident, which happened in Portobello, and advising them they may be called to give evidence at a criminal trial if charges are directed by the Director of Public Prosecutions.
The investigation is taking place under Section 98 of the Garda Síochána Act 2005, which grants Gsoc officers full Garda powers.
The incident, which occurred on August 23rd, was referred to the ombudsman’s office under section 102 of the 2005 Act, which states the Garda Commissioner must refer matters to Gsoc if it appears the actions of a garda “may have resulted in the death of, or serious harm to, a person”.
A spokeswoman for Gsoc refused to comment, except to say an investigation is ongoing.
Confronted injured party
It is understood the detective, who has not been identified, confronted the injured party and two other people, as he suspected they may have been involved in an earlier robbery.
A shot was fired and one of the group was hit. He suffered non-life threatening injuries to his arm and has since been released from hospital.
Gsoc has the power to open several different types of investigation, including criminal and non-criminal investigations. It also investigates every occasion a garda uses their firearm, although such inquires are not necessarily criminal in nature.
In a separate incident two weeks ago, gardaí fired shots during an operation in Inchicore, Dublin which resulted in the arrest of a man and the seizure of a handgun. The use of firearms was referred to Gsoc but is not the subject of a criminal inquiry.
It is understood Gsoc investigators have taken witness statements from several people who saw or heard the incident in Portobello. One witness told officers she heard gunshots and a man shouting “Oh, you’re shooting us now.”
The incident occurred near the junction of Portobello Road and Kingsland Parade, Portobello, Dublin 8, at about 2am.
The Garda member had been working earlier but had gone off-duty and was driving home at the time. Sources said he saw a vehicle travelling towards him with either one or no lights on.
Earlier robbery
He saw three people in the vehicle and believed they were acting suspiciously as a robbery had occurred about one hour earlier at the nearby Conrad Hotel on Earlsfort Terrace.
Three masked raiders, two of whom were carrying knives, had burst into the hotel at about 1am and demanded money from staff. They escaped with a small sum and locked two employees into a cloakroom at the hotel.
It is understood the detective in Portobello planned to stop the car with the three occupants and ask where they were going.
He followed them in his own vehicle for a short period and sought back-up. He then got out of his car and challenged the three people in their vehicle. It is still unclear what circumstance led to a shot being fired.
Other gardaí and an ambulance arrived at the scene. Gsoc was alerted and took control of the scene, which was sealed off overnight.
