THE family of Patrick Nugent has expressed its anger and disappointment following another major setback in their bid to secure an independent public inquiry into his death in 1984.
Former Minister for Justice Frances Fitzgerald appointed retired District Court judge Patrick Clyne to lead an inquiry into the Garda investigation and disciplinary inquiries that took place following the death of Mr Nugent (23) at the end of a 40th wedding anniversary party in the early hours of February 11 1984.
His death was one of the 320 cases examined by the Independent Review Mechanism (IRM) set up by Minister Fitzgerald, following a complaint made by the family relating to alleged Garda misconduct in June 2014.
Justice Minister Helen McEntee has confirmed the Garda Commissioner has instructed that a fresh investigation be undertaken into the matters as part of a so-called cold case review, which
Judge Clyne determined required further investigation following consideration of his final report.
In a letter to the Nugent’s legal team KRW Law, Minister McEntee’s private secretary, Emma McHugh stated the Garda Commissioner has instructed an investigation would be undertaken as part of a cold case, which would be given to a “fresh team to fully investigate”.
“It is not the minister’s decision, or indeed within her powers, to instruct any such investigation. In so far as you suggest that alternative forms of further inquiry should be considered by the minister, the minister would note none of the alternatives suggested would have the criminal investigatory powers of An Garda Siochána.”
A spokeswoman for the Nugent family confirmed they are very disappointed and upset that the minister is not open to having Pat’s death investigated by anyone other than An Garda Siochána.
“After all these years, and this inquiry, where Judge Clyne did find that there were failings and that aspects of the original investigation were inadequate, the minister is echoing what
Minister Michael Noonan and Minister Alan Dukes said back at the time. That basically the minister has no power to do anything.
“There is a clear lack of independence, and this being handed back to the Guards to investigate is simply not acceptable.
“The family are seeking the advice of their legal team at KRW Law in relation to this,” she said.
Deputy Michael McNamara said Minister McEntee could establish a public inquiry with powers to compel people to give evidence. TheTD stressed this would not involve a typical crime scene investigation into something that happened in 1984.
Calling for Minister McEntee to reconsider this matter, the Scariff deputy had hoped to highlight the family’s concerns in oral questions in the Dáil but wasn’t afforded the opportunity to do so.
“There isn’t a great record in Ireland of gardaí investigating gardaí. That is why the Section 42 enquiries under the Independent Review Mechanism and led to the establishment of the Garda Siochána Ombudsman Commission (GSOC), which is wholly under resourced and this results in gardaí investigating gardaí at the behest of GSOC.
“It is difficult to disagree with the family’s concern about gardaí investigating gardaí given what has happened in this case and the previous record when gardaí investigated gardaí.
“The fact that disclosure was not complied with and evidence was withheld in this case suggests these decisions could only have been made by a chain of command to subverting the cause of justice.
“In these circumstances, a garda investigation is entirely inadequate. The minister could set up a public inquiry. The public have an interest as well as the family. If a person dies in suspicious circumstances and the jury calls for a re-investigation, this should be taken seriously.”
Deputy McNamara tabled a Dáil question asking Minister McEntee to consider holding a full public inquiry or an investigation conducted by an outside policing agency into the killing of Patrick Nugent.
She reiterated what she had already stated to the Nugent family.
East Clare correspondent, Dan Danaher is a journalism graduate of Rathmines and UL. He has won numerous awards for special investigations on health, justice, environment, and reports on news, agriculture, disability, mental health and community.