George Nkencho’s family to appeal DPP decision not to prosecute gardaí involved in his shooting

The gardaí involved in the fatal shooting of Mr Nkencho were informed on Wednesday that they will not face criminal prosecution.

Mr Nkencho (27) was shot dead on December 30, 2020, on the porch of his home in Clonee, west Dublin, following a stand-off with gardaí during which he refused to drop a knife.

"The Nkencho family are disappointed with the decision of the Director of Public Prosecutions not to prosecute members of an Garda Síochána involved in the shooting dead of their son and brother George. The family intend to appeal this decision and in the circumstances will not be making any further statements until this process has been concluded."

The Garda Síochána Ombudsman Commission (GSOC) investigated the circumstances of his death in its immediate aftermath and submitted a file to the Director of Public Prosecutions (DPP) last summer

The Irish Independent has learned that the gardaí at the centre of the inquiry have been informed that they will not face criminal charges.

This includes the armed garda who discharged his firearm resulting in Mr Nkencho's death, as well as another member of the Armed Support Unit who was present at the scene.

Sources said that the office of the DPP informed the gardaí of the development this week.

While it has been decided that they have no criminal case to answer, the Garda Ombudsman may recommend to the Garda Commissioner Drew Harris that they should face internal sanctions.

A solicitor acting on behalf of the Nkencho family has been contacted for comment.

Gsoc had pledged to complete its investigation by December 2021, which was the first anniversary of Mr Nkencho’s death. However, Gsoc later announced it needed more time.

The circumstances of the shooting have been the subject of public debate.​

Mr Nkencho was shot dead following a confrontation with gardaí.

Some of his siblings witnessed the shooting as they were at the front door when an armed officer opened fire. Moments before, his sister Gloria Nkencho had tried to tell gardaí she could help and that her brother had a mental illness.

However, as officers tried to contain the potential for violence, she had to retreat inside.

Before the shooting, gardaí had tried to disarm him using a graduated policing response after he had allegedly attacked a shopkeeper, brandishing a knife at a Eurospar 23 minutes earlier.

Garda units arrived and followed him, repeatedly asking him to drop the knife. He refused and threatened officers when they tried to approach him.

By the time he reached his house, two members of the Armed Support Unit were at the scene and took over.

In a statement the Garda Síochána Ombudsman Commission (GSOC) said:

"The Garda Síochána Ombudsman Commission (GSOC) can confirm that it has been notified by the Office of the Director of Public Prosecutions (DPP) of its decision not to direct a prosecution in the case of the tragic death of Mr George Nkencho, who was shot and killed by a member of the Garda Síochána Armed Support unit outside his family home in West Dublin on 30 December 2020.

"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. DPP is independent in its functions, pursuant to section 2(5) of the Prosecution of Offences Act, 1974.

“GSOC has noted the DPP’s decision, and has notified interested parties in the case, including the Nkencho family and Garda Members involved.

“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,” it added.