The mother of a man shot dead by armed gardaí following a stand-off at his home in west Dublin just over two years ago has taken a personal injury action against the Garda Commissioner, the Attorney General and the Minister for Justice in connection with his death.
Harringtons LLP confirmed to The Irish Times that it has issued proceedings with the High Court on behalf of Blessing Nkencho, the mother of George Nkencho (27) who was fatally wounded by members of the Garda Armed Support Unit outside his family home at Manorfields Drive, Clonee, Co Dublin on December 30th 2020.
Actions by Gloria Nkencho and her brothers Emmanuel and Victor were lodged with the High Court last summer while the man’s sister Grateful lodged similar proceedings last month.
Actions have also been lodged by five other witnesses to the incident in which Mr Nkencho died with more likely in the months ahead.
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It is understood that the actions involve claims for nervous shock arising from the death of Mr Nkencho who was shot dead by a member of the Garda Armed Support Unit. He was armed with a knife and suffering from mental health difficulties at the time.
An inquest into Mr Nkencho’s death has been repeatedly adjourned pending the conclusion of an inquiry by the Garda Síochána Ombudsman Commission (Gsoc).
At the opening of the inquest in June of 2021, coroner Dr Myra Cullinane said Mr Nkencho died from “multiple gunshots wounds to the trunk with no contributory factors” before adjourning the matter.
At the time Gsoc said its inquiry was “partway” complete and that it hoped to have it finished by the end of last year. It said in December 2021 that the deadline would not be met due to the “demands of the investigation”.
Last month the inquest was told that a draft report on the killing of Mr Nkencho had been compiled by Gsoc investigators.
The lead Gsoc investigator, Stuart Duguid, told the court’s senior coroner, Myra Cullinane, that the report had been submitted for internal review within Gsoc.
He said the review could lead to further matters needing to be examined before a final report could be forwarded to Gsoc’s commissioners and stressed that because the report was subject to review, the investigation could not be considered complete.
He said it was likely that the file would be forwarded to the DPP who will decide if criminal charges should be brought in relation to Mr Nkencho’s death.
The inquest was adjourned for six months although is up for mention again in March.
Speaking after the hearing in December, Blessing Nkencho said her family were not happy about the delay in progressing the investigation.
“It’s now almost two years and we’ve had no information regarding the guard who shot George and now it’s been adjourned for another six months. We know they’re doing their best but it is very difficult for us,” she said.
The full inquest cannot take place until the investigation concludes but it could be delayed further if Gsoc decides to recommend to the Director of Public Prosecutions that charges be brought over the shooting.
Legal sources believe the civil proceedings will not be progressed until the Gsoc inquiry, the inquest and any criminal proceedings have concluded.