Several families who lost loved ones in the Creeslough explosion have called on the Government to set up a public inquiry into the tragedy.
A lawyer representing the next of kin of seven of the 10 victims of the October 2022 blast in the Co Donegal village has written to Minister for Justice Helen McEntee asking for an independent investigation to be established.
Their request comes as gardaí continue to investigate the circumstances of the explosion that ripped through the village’s Applegreen service station and a nearby apartment block on the afternoon of Friday, October 7th.
Four men, three women and three children, ranging in age from five to 59, died in the blast.
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While the cause of the explosion has yet to be formally confirmed by the authorities, it is understood a gas leak is considered a central line of inquiry.
Speaking in New York, where he is attending the United Nations general assembly, Tánaiste Micheál Martin said: “The investigation is not yet complete, there is a Garda investigation outstanding. I think we should await the completion of that in the first instance, and the various health and safety reports and then assess where we need to go forward. It is a terrible tragedy and does need the fullest examination but I would like to see the outcomes of the investigation.”
Meanwhile, Taoiseach Simon Harris said he is keeping an “open mind” on the possibility of a public inquiry but that the Government must consider is “how best to do that”.
Those who died were Robert Garwe and his five-year-old daughter Shauna Flanagan-Garwe; Catherine O’Donnell and her 13-year-old son James Monaghan; fashion student Jessica Gallagher; Celtic fan Martin McGill; Sydney native James O’Flaherty; shop worker Martina Martin; carpenter Hugh “Hughie” Kelly; and 14-year-old Leona Harper.
Phoenix Law, which acts for the majority of the families, has written to Ms McEntee formally seeking a public inquiry or commission of investigation.
Darragh Mackin, solicitor for the families, said they had also requested a meeting with the Minister.
The letter said the tragedy of Creeslough had been compounded by the absence of an independent human-rights compliant investigation.
Mr Mackin represents next of kin of Robert Garwe, Shauna Flanagan-Garwe, Catherine O’Donnell, James Monaghan, Jessica Gallagher, Martina Martin and Leona Harper.
The letter written by Mr Mackin highlighted that the families of the victims had each endured “unimaginable pain and suffering”.
“Their families remain unable to grieve for their loss until such times as they know the truth of what occurred, the failings are acknowledged, and specific lessons are learned so that an incident like this never happens again,” he wrote.
The letter noted that the only current examination of the incident is the criminal investigation by gardaí.
It said there remained uncertainty over when that will conclude and whether it will result in any criminal justice proceedings.
Mr Mackin said the statutory function of the Garda is to investigate alleged criminality.
“They cannot be criticised for this limitation,” he added.
However, Mr Mackin said the Garda was unable to produce a public report on the incident, disclose documents to families or make recommendations to ensure a similar event never happens again.
In regard to other types of investigation, the families’ solicitor said there were several reasons why an inquest would be “insufficient and ineffective” in the Creeslough case, including the fact that it could take several years to be held.
Mr Mackin said it was widely acknowledged, both within and outside the State, that “complex and contentious deaths” require a parallel investigation while a criminal investigation is ongoing.
He said the recent inquiry into the Grenfell fire in London was an “apt analogy” as it took place alongside the police investigation.
In conclusion, Mr Mackin wrote: “In light of the above, we write to formally request that the Minister give consideration to the commissioning of an independent investigation in the form of a public inquiry or commission of investigation, in the terms to be agreed in consultation with the families.
He also asked the Minister to consider meeting the families.
A statement from the Minister’s department confirmed she had received the letter and was “currently considering its contents”.
“It would not be appropriate to comment further given there is an ongoing investigation under way,” the department said.
In a statement, the Garda said: “The investigation, led by gardaí in Donegal division, is ongoing with the intention of submitting a file to the Office of the Director of Public Prosecutions.” – additional reporting PA
