George Nkencho death: Family still await outcome of appeal over decision not to prosecute

The family of George Nkencho are still awaiting the outcome of their appeal of the Director of Public Prosecutions’ (DPP) decision not to seek a prosecution relating to the 27-year-old’s death outside his home nearly four years ago.

Nkencho was shot dead by gardaí in the front garden of his family’s home in Clonee, Dublin 15, on December 30th, 2020, following a dispute during which he was armed with a knife.

In April, following a Garda Síochána Ombudsman Commission (Gsoc) investigation into the incident, the DPP decided it would not seek a prosecution. Nkencho’s family subsequently appealed the DPP’s decision.

At a sitting of Dublin District Coroner’s Court on Tuesday, Morgan Shelley BL, appearing for the Nkencho family, said that the family requested a review of the DPP’s reasons not prosecute on August 19th, and that the review process “normally takes eight weeks”, but sometimes takes longer. The family’s request in August was part of a two-stage process that commenced following the DPP’s initial communication of its decision not to prosecute, the court heard.

Mr Shelley said that correspondence with the DPP at end of last month offered no further insight into when the process might conclude.

Coroner Dr Myra Cullinane noted that she could not “put a date” on when the DPP’s determinations would be issued. She asked that her office be informed of any developments

Dr Cullinane also noted that Gsoc were legally represented at the hearing, despite not being designated as an interested party in the case.

She explained that interested parties – such as the Nkencho family and An Garda Síochána – were “interested in the facts” of the case, and differed from “investigating bodies” who merely assisted the coroner’s office in its investigation. At an inquest, interested persons can ask questions of witnesses and make representations.

She invited Marc Thompson BL, appearing for Gsoc, to make a submission to the court on the ombudsman’s case for being designated as an interested party.

Dr Cullinane noted that she was not in a position to proceed “in the absence of the review of the DPP”, and adjourned the case for six months.

Members of Nkencho’s family, who arrived at the Store Street courthouse after the conclusion of the hearing, declined to speak to reporters.