Minister for Justice Helen McEntee has said she has no powers to direct an outside agency to reinvestigate the death of a Co Clare chef in mysterious circumstances.
Rejecting a request from the family of the late Pat Nugent, the Minister said any decision to commence a "cold case" investigation into his death rested with Garda Commissioner Drew Harris, rather than her.
Mr Nugent (23), who was from Sixmilebridge, died of injuries sustained during an incident in the early hours of February 11th, 1984, after working as a banqueting manager at a 40th wedding anniversary party at Bunratty Castle.
On the night of his death guests recalled hearing a crash and shouting outside and finding Mr Nugent collapsed on the ground and holding his stomach. There were two crashed cars at the scene.
William Ryan, a chef at nearby Shannon Airport who was celebrating his wedding anniversary that night, was charged with Mr Nugent's manslaughter but was later acquitted.
It emerged in court that Mr Ryan gave three different statements to gardaí about what happened that night. Two off-duty gardaí were at the party.
The Nugent family have called for a full public inquiry or an investigation by an outside policing agency, similar to investigations of historical crimes in Northern Ireland, because the original Garda investigation into his death was criticised by a retired judge.
Ms McEntee's private secretary Emma McHugh wrote to the family's solicitor, Kevin Winters of Belfast firm KRW Law, telling the family it was "not the Minister's decision, or indeed within her powers, to instruct any such investigation."
She said the Minister did not plan to publish Judge Patrick Clyne’s report into Mr Nugent’s death “at this time as to do so could potentially prejudice a future prosecution”.
The retired judge carried out his report under section 42 of the Garda Síochána Act 2005 that allows for a review of Garda investigations.
Investigation
Mr Winters told The Irish Times the family rejected Ms McEntee’s assertion that she did not have the power to order either an inquiry or an outside agency to investigate. He also challenged her decision not to publish the Clyne report, arguing that it would not prejudice an investigation.
Mr Winters said the family had contacted the Garda commissioner again for a response.
“A real opportunity to build some confidence has been missed and that only serves to compound suspicions in this case, not the least of which was the involvement of one of the Garda ‘heavy gang’ in the first investigation,” he said.
The family raised the involvement of the late Supt John Courtney in the investigation after he featured in the recent RTÉ documentary series Crimes and Confessions about the 'heavy gang' and its role in a number of high-profile miscarriages of justice.
They said Courtney’s involvement compounded suspicions about the “integrity and credibility” of the original investigation into Mr Nugent’s death.
