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Dáil
‹ Leaders' Questions

Tony Golden case inquiry

Summary

Deputy Gerry Adams asked about the Government's handling of the Tony Golden shooting and related allegations from a Prime Time investigation, seeking a public inquiry. The Taoiseach outlined the tragic facts and said Garda and GSOC investigations were ongoing and should proceed in parallel.

Last week I received a letter from the Taoiseach dated 26 April 2017. It followed an RTE "Prime Time" investigation into the fatal shooting of Garda Tony Golden, the serious wounding of Siobhán Phillips and the death by suicide of Crevan Mackin. I have raised many of the allegations contained in the "Prime Time" investigation with the Taoiseach and the Tánaiste since October 2015, shortly after the tragic events in Omeath. I wrote to the Taoiseach four times and spoke to him directly on a number of occasions. I wrote to the Minister eight times and also spoke to her on a number of occasions. I gave information to the senior garda investigating the case and wrote to the Garda Síochána Ombudsman Commission, GSOC. It is unacceptable that the Taoiseach's letter of last week is the only substantive reply I have received in a year and a half.

Owing to the sensitivities involved, especially for the family of Garda Tony Golden, a brave Garda officer who was doing his duty and protecting a vulnerable woman, as well as the trauma inflicted on other families, I have not raised any of these matters in this Chamber until now.

Crevan Mackin had serious criminal convictions. He also had serious mental health issues. He was arrested in January 2015 for the possession of explosives. The search warrant revealed he had made inquiries with undercover FBI agents to import explosive devices. The FBI tipped off An Garda Síochána which believed Mr. Mackin had taken possession of six handguns and assorted ammunition. He had admitted to this in Garda custody. According to his family and solicitor, he told them that during interrogation he had been taken from Dundalk Garda station to a spot where two handguns were recovered. His family said he had told them that he had done a deal with the Garda interrogators.

I do not have time to go into all of the details. However, the Taoiseach has had these details since October 2015, as has the Minister for Justice and Equality and the Garda Commissioner. It is also clear that some in An Garda Síochána knew that Crevan Mackin continued to have access to at least four weapons when he was released on bail. Mr. Mackin subjected Siobhán Phillips to brutal violence. It was after such an assault that Siobhán, accompanied by her father and stepmother, sought to make a complaint at Dundalk Garda station. This was denied to them. Two days later they met Garda Golden who accompanied Siobhán to her home where the shooting happened.

There are many questions arising from this tragic series of events. In his letter the Taoiseach noted that GSOC had initiated a public interest investigation into these matters. While that is welcome, it only came after GSOC had received notice of the "Prime Time" programme. I made a complaint in September 2016 to GSOC which was not acted on. The GSOC investigation will not go far enough. Neither should it prevent a full criminal investigation from taking place. The response to my correspondence from both the Taoiseach and the Tánaiste and Minister for Justice and Equality over 18 months has not been satisfactory. Siobhán Phillips' family has called for a public inquiry. Will the Taoiseach act for the sake of all the families involved and authorise the holding of such an inquiry?

Comment on this
Enda Kenny The Taoiseach Fine Gael

I thank the Deputy for raising this matter. Garda Tony Golden was shot dead on the evening of Sunday, 11 October 2015 in Omeath, County Louth. He was 36 years old and married with three young children. He was stationed in Omeath and lived in Blackrock outside Dundalk. He was the 88th member of the Garda force to die in the service of his country. As the Deputy said, he was responding to a domestic incident in Omeath at the home of Mr. Adrian Crevan Mackin and his partner Siobhán Phillips. Obviously, Ms Phillips had gone to the Garda in Omeath on the Sunday with her father and expressed her fear that Mr. Mackin was going to kill her and himself. Garda Golden escorted her and her father to the property to collect her personal items. When she and Garda Golden entered the house, Mr. Mackin shot her, Garda Golden and then himself with an illegally held handgun. Ms Phillips' father who had remained outside then telephoned the emergency services. Garda Golden and Mr. Mackin were dead at the scene, while Ms Phillips, as the Deputy is aware, suffered serious gunshot wounds to the head and was hospitalised. I am glad to say she is recovering.

The Garda is carrying out a full investigation. The Garda Commissioner has made it clear that it will take into account the full range of circumstances surrounding the shootings. Mr. Mackin who was from Newry was well known to the Garda. He had several previous convictions in Northern Ireland, including for firearms offences for which he had been sentenced and released on licence. In January 2015 he had been charged before the Special Criminal Court with membership of an illegal organisation, following his arrest in an intelligence-led Garda operation. He had been released on bail pending trial.

The truth of the allegations made here has not been established. There are ongoing processes to do that which are set out clearly in law. I urge against the making of hasty judgments.

All of the concerns raised with me and the Tánaiste by Deputy Adams were quickly brought to the attention of and pursued by the Garda authorities in the context of their ongoing investigation and review process into the shootings and related matters. The Tánaiste expects to receive a final report from the Garda authorities addressing these matters when the investigation and review are completed.

The Tánaiste was also made aware in February last year by a firm of solicitors acting for Mr. Mackin's family that related matters had been brought to the attention of the Garda Síochána Ombudsman Commission, GSOC. It announced its decision recently to initiate a public interest investigation into certain matters and it indicates this public interest investigation will take place alongside the ongoing investigation of complaints made previously. I welcome this action by GSOC and its investigations must be allowed to take their course so the truth or otherwise of certain allegations made can be established quite independently. Without seeking to prejudge the issues involved, it would be of huge importance to learn anything that can be learned from the tragic events in Omeath. The GSOC investigation will be of considerable assistance in this regard.

I will make a final point. It is important to make the point that decisions in respect of the prosecution of offences are a matter for the Director of Public Prosecutions, DPP, who is fully independent in accordance with the law in discharging these functions. The office of the DPP is far better placed than anybody in the House to decide on the bringing of criminal charges in any given case and is uniquely well placed, with the relevant experience to make a determination as to what convictions are likely to be secured on the basis of the assessment before it.

Comment on this

The Taoiseach ignored what I asked, which is if he will authorise a public inquiry. I ask him that again. He welcomed the establishment of the GSOC investigation and I do so also as some level of progress. The Taoiseach knows the section 95 investigation allows only for disciplinary action to be taken against gardaí and not criminal action. I go back to what I said previously. The Government, including the Tánaiste and Minister for Justice and Equality, has had all this information for the past 18 months. I believe the Taoiseach when he said this was passed immediately to the Garda Commissioner. The Taoiseach went on to say these matters were pursued with the Garda Commissioner but will he explain what that means? How were these matters pursued with the Garda Commissioner? The weight of the allegations in this case surely warrants a criminal investigation. What is wrong in this State - this is prevalent - is that nobody is held to account. The family have asked for a public inquiry and I ask the Taoiseach to respond positively to that.

Comment on this
Enda Kenny The Taoiseach Fine Gael

There are two ongoing investigations. There is the investigation by the Garda into all the circumstances surrounding the unfortunate and tragic death of Garda Tony Golden and the shooting of himself by Mr. Mackin. Separately, arising from information made available by a firm of solicitors in February last year, there is a GSOC investigation ongoing. It is only appropriate because this is a sensitive and tragic case for the Golden family that these investigations are now proceeding in parallel, and they should be allowed to proceed in parallel and be brought to a conclusion. The Tánaiste expects to get a report from the Garda Síochána in respect of that at the earliest possible opportunity.

I would appreciate having the opportunity to assess the information that will come from these investigations. They are formal investigations and, in the case of GSOC, they are completely independent in the way the position is assessed. The DPP follows through with prosecutions. The Deputy says all the information has been in the hands of the authorities. As he is aware, there is information and allegations about issues, and that is what the investigation is about. Mr. Tony Golden has been taken from us, shot dead in the line of duty and in service to his country. Mr. Mackin then turned the gun on himself, having grievously wounded Ms Phillips. The Garda investigation is ongoing and parallel to that is the GSOC investigation.

The Minister for Justice and Equality will receive that report as soon as possible. Let us wait and see what comes from that and what we can learn from the determination of information that stands up, as against allegations which might not.

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