A DETECTIVE with the Emergency Response Unit who shot dead two post office raiders, one of them unarmed, acted with “proportionate and lawful” force that was “no more than necessary”, an investigation has found.
However, the Garda Síochána Ombudsman Commission said a number of “weaknesses in the planning of the operation” had placed the garda who fired the fatal shots, identified only as Garda A, in a very difficult position.
“These had an adverse effect on the command and control of the operation and led to Garda A being put in a position where he was required to make a split-second life and death decision,” the report published yesterday concluded.
Colm Griffin (33), of Canon Lillis Avenue, and Eric Hopkins (24), of Lower Rutland Street, both Dublin, were shot dead as they tried to steal €48,500 on the morning of May 26th, 2005, from the Village Store post office and shop in Lusk, north Co Dublin.
The ombudsman has now made a number of recommendations to the Garda about events involving firearms. These were not disclosed in the report published yesterday.
The Irish Timesunderstands many relate to the need for better contingency planning in the event that the most likely scenario for an armed raid does not come to pass.
The Hopkins family lodged a complaint with the commission, effectively stating that gardaí knew the gang was on its way to rob the post office, were waiting for the gang at the scene and should have stopped them before they entered the premises.
The commission ruled there were shortcomings with the management of the operation. However, it has cleared Garda A and all others involved in the operation of any wrongdoing.
“The Gsoc [Garda Síochána Ombudsman Commission] investigation concluded that Garda A acted in the honestly held belief that there was an immediate and real risk to life and that the use of lethal force was justified in the circumstances,” the report concludes.
It noted evidence given by several witnesses at the men’s inquests that the gardaí on the scene identified themselves to the men as armed gardaí and shouted warnings to drop their weapons before Garda A opened fire.
The inquest accepted evidence, including CCTV footage that showed Griffin was armed and had taken a firing position when he was fatally wounded.
It also accepted Garda A’s evidence that although it later transpired Hopkins was unarmed, Garda A believed at the time that he had armed himself with Griffin’s gun.
The gardaí involved in the operation six years ago were for personal safety reasons allowed to conceal their identities during the inquest in 2007 into the deaths.
They gave their evidence from behind a curtain in Dublin Coroner’s Court and did not have to state their names.
LUSK RAID HOW IT UNFOLDED
1 On the morning of May 26th, 2005, gardaí place covert armed response and surveillance officers in and around the Village Store post office and shop in Lusk, north Co Dublin, after receiving intelligence it is about to be robbed.
2 Two armed Emergency Response Unit officers disguised as construction workers take up position in the shop. A Garda management and response team waits outside.
3 When the gang of three men arrive they drive down a lane to the back of the building and enter through the rear door – not the front door, as gardaí had expected.
4 The two gardaí in the shop go behind the post office counter. They rush to the back door in the post office staff quarters to challenge the men.
5 The gang enter via a second back door not guarded by the two armed officers. One of the gang starts hammering the reinforced counter glass with a sledge hammer while the other two shout warnings at the customers and staff.
6 Garda A challenges the men. He shouts warnings to drop any weapons. Fearing he is about to be shot Garda A opens fire, fatally wounding Colm Griffin (33) and Eric Hopkins (24). Gavin Farrelly (39), Lower Sheriff Street, Dublin, is arrested and later jailed.