The Director of Public Prosecutions (DPP) has directed no prosecution following an investigation into the fatal shooting of a man by a garda in Dublin three-and-a-half years ago
George Nkencho, 27, was shot dead by an armed garda outside the family home in Clonee, Co Dublin in December 2020.
The Garda Ombudsman Commission (GSOC) said it had been notified by the DPP of its decision not to direct a prosecution in the case.
It also said it had notified the gardaí involved and the family of their entitlement to a summary of reasons from the DPP of its decision not to prosecute as well as a review of the decision.
In a statement, An Garda Síochána said it noted the decision of the DPP.
It added: "Commissioner (Drew) Harris reiterates today his and the organisation's sympathy with the family of George Nkencho.
"An Garda Síochána will await further information from GSOC on its next steps before commenting further."
The Nkencho family said they are disappointed with the DPP decision not to prosecute members of An Garda Síochána involved in the shooting.
The family also said in a statement through their solicitor that they intend to appeal the decision and would not be making any further statements until the process has been concluded.
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GSOC criminal investigation
On 30 December 2020, gardaí were called to the scene following reports of a man in a nearby shop armed with a knife.
Unarmed gardaí then followed Mr Nkencho home where the fatal shooting took place following the arrival of the armed support unit.
GSOC commenced a criminal investigation which it completed two-and-a-half years later.
It met and informed the Nkencho family last June that a file would be sent to the DPP who would decide whether or not charges were to be preferred.
It referred to the garda who fired the fatal shot and a second armed garda who was at the scene.
Afterwards Mr Nkencho's sister Gloria welcomed the decision and said at the time they were "encouraged by the prospect of a thorough examination of the evidence by the DPP".
The family also asked the DPP to carefully consider the strength of the investigation’s teams findings.
At the time of the fatal shooting, gardaí said Mr Nkencho had been armed with a knife at a shop in nearby Hartstown earlier that day before walking home and subsequently threatening them.
The armed response unit was called to the family home and gardaí also said at the time that Mr Nkencho had been shot after non-lethal weapons such as tasers and pepper spray had been unsuccessful.
The DPP is the State’s legal officer who independently reviews case files and decides whether or not there is sufficient evidence to prosecute a person.
GSOC notes DPP's decision
GSOC said the DPP had decided not to direct a prosecution in the case of the tragic death of Mr Nkencho.
It said the incident was the subject of an independent criminal investigation by GSOC, which concluded in June 2023 with the submission by GSOC of an investigative file to the DPP.
It also said that GSOC has noted the DPP’s decision, and has notified interested parties in the case, including the Nkencho family and garda members involved.
It said: "GSOC has further notified the Nkencho family of their entitlement under the Criminal Justice (Victims of Crime) Act 2017 to a summary of reasons from the DPP for its decision not to prosecute, as well as their statutory entitlement to request a review of the decision.
"While GSOC can make no further comment at this time, it will continue to engage with the Nkencho family in the context of Coronial proceedings and any other statutory processes that may arise.
"GSOC further reiterates its undertaking to make the substantive detail of its investigation publicly available as and when other statutory processes permit it to do so."
