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Inquest into death of senior garda to go ahead this year

Detective Superintendent Colm Fox died in 2018
Detective Superintendent Colm Fox died in 2018

Evidence from 55 witnesses has been compiled as part of an investigation into the death of a high-ranking garda who took his own life in a garda station six years ago, an inquest has heard.

A brief sitting of Dublin District Coroner's Court heard that a full inquest into the circumstances of the death of Detective Superintendent Colm Fox is expected to go ahead later this year.

The senior investigator was found dead in his office in Ballymun Garda Station on the evening of 10 February 2018 with his official firearm also recovered at the scene.

Foul play was not suspected and his death was treated as a personal tragedy.

Coroner Myra Cullinane said that she was satisfied that the full inquest into Det Supt Fox’s death could proceed as all related investigations - including one by the Health and Safety Authority - had been completed.

Dr Cullinane acknowledged that the deceased’s family, including his wife, Edel, who attended today's hearing, had been waiting a long time for the inquest to go ahead.

The coroner noted that a Garda investigation into a criminal matter not directly related to the inquest had also concluded.

Det Supt Fox, a married father-of-three from Malahide, Co Dublin, was the senior police officer in charge of the investigation into a fatal shooting at the Regency Hotel in Whitehall, Dublin in February 2016 which resulted in a major escalation of the bloody gangland feud between the Kinahan and Hutch criminal groups that has claimed the lives of at least 18 people to date.

A leading figure in the Kinahan drugs cartel, David Byrne, suffered fatal gunshot wounds during a boxing weigh-in at the hotel in an attack which was regarded as revenge for the murder of Gary Hutch in Spain the previous year.

A year after Det Supt Fox’s death, the trial of a member of the Hutch gang, Patrick Hutch, for Byrne’s murder collapsed at the Special Criminal Court.

Counsel for the Director of Public Prosecutinos (DPP), Seán Gillane SC, explained at the time that the State was no longer in a position to lead evidence on a number of matters as a result of Det Supt Fox’s death.

The trial of Hutch had already been stalled over the disclosure by the prosecution of e-mails between four gardaí.

Det Supt Fox’s death was also the subject of an investigation by the Garda Síochána Ombudsman Commission.

Dr Culliane said the scope of the inquest was "apparent" based on the evidence of 55 witness statements and would include the events of the day that Det Supt Fox died "from early in the morning until late that night."

The coroner said it would also examine "events of the weeks leading up to his tragic death in terms of his interactions with other colleagues."

A solicitor for Det Supt Fox’s family, Roy O’Neill of Fahy Bambury Solicitors, said he could not comment on the proposed scope of the inquest as they still had to get access to the written statements of witnesses.

Mr O’Neill said getting those depositions as soon as possible was his "number one concern."

Counsel for An Garda Síochána, Eoin Sreenan BL, asked the coroner for a short period to review redactions to various statements which mostly related to addresses and car registration numbers to check if they still applied as well as whether privilege was being claimed over any documents.

Both parties said they were neutral on whether the inquest should be held in front of a jury when the issue was canvassed by Dr Cullinane who noted there was no legal obligation that the hearing should be before a panel of jurors.

The coroner directed An Garda Síochána to come back to her within four weeks to confirm the documentation that can be disclosed to the detective’s relatives.

Dr Cullinane listed the full inquest for hearing, which is expected to last at least three days, on November 18.

In 2020, Det Supt Fox’s widow, Edel, issued High Court proceedings against the Garda Commissioner, the Department of Justice, the Attorney General and the State.

Although the exact details of the claim are not known, it is believed they relate to her husband’s working conditions at the time of his death.

The following year, Ms Fox expressed concern at a conference of the Association of Garda Superintendents about how her husband was under pressure and not sleeping in the period before his death.