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Why is the Creeslough explosion, in which 10 people died, still unsolved two years on?

This type of investigation, of a fatal gas explosion resulting in a large number of deaths, is unusual for An Garda Síochána

The victims of the Creeslough explosion: (top row) Leona Harper, Robert Garwe, Shauna Flanagan Garwe, Jessica Gallagher, James O'Flaherty; (bottom row) Martina Martin, Hugh Kelly, Catherine O'Donnell, James Monaghan, Martin McGill. Photograph: An Garda Síochána
Conor Lally's picture
Conor Lally
Mon Sept 30 2024 - 13:38

Why is the explosion in Creeslough, Co Donegal, in which 10 people died, still unsolved two years on?

It is a good question. Clearly most of the bereaved families have run out of patience. Though the criminal investigation into the cause of the explosion at a service station in the Co Donegal village in October 2022 has been continuing for the last two years, there is no firm end in sight. That is mainly because the inquiry is so big and complicated.

But surely two years is enough?

There appears to be no evidence the explosion was caused deliberately. Instead, gardaí believe it was a gas explosion. The system delivering the gas into the Applegreen service station, and adjacent apartment units, is at the centre of the inquiry.

There have been four arrests – two in March and two in May – with all four released without charge. But a case like this is not like catching criminals with guns or drugs, or solving a murder.

What do you mean by that?

There are unusual legal and technical considerations here. It is crucial to determine the exact source of the explosion, and any events that may have led up to something going wrong. Only then can the Garda and Director of Public Prosecutions (DPP) determine if someone is criminally culpable, rather than the incident being determined accidental. There is a lot of complex physical evidence to be examined.

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Emergency services at the scene of the explosion in Creeslough, Co Donegal, in October 2022. Photograph: Brian Lawless

Two years, and counting, still seems like a long time, no?

Garda sources say that, if they rush, the chances of missing evidence or getting things wrong increases. And if someone was charged arising from this explosion, and the case then collapsed because of an error, that would be the worst outcome.

They also say something like this is very unusual for Ireland, and so it is new for Garda investigators. Fatal gas explosions are rare. And an event – of any kind – resulting in the deaths of 10 people is extremely unusual for Ireland.

So this is new and the gardaí are learning as they go?

Not quite. At its core they are investigating unexplained deaths and they are well used to that. What is new is the number of victims and the nature of the deaths.

It is the gas explosion aspect that presents the most challenges. UK explosion and gas experts have been drafted in. The Health and Safety Authority (HSA) and the Commission for Regulation of Utilities (CRU) are also involved. There is no doubt, however, this form of investigation is very different from the kind of inquiries the Garda normally carry out. Any unusual investigation will always be slower.

So it is complicated, but when is it going to finish?

The Garda said last year said more than 1,350 lines of inquiry had been “actioned” and 900 statements taken. So it is perhaps no surprise that it is taking so long. Garda Commissioner Drew Harris last week said a criminal file on the case was near completion and would be sent to the DPP. But Garda sources said it could still be a matter of months before the file was sent to the DPP.

And then what happens?

It will be the DPP’s job to consider all the evidence gathered by gardaí, including the responses to questions put to the four people arrested earlier this year. Given the size and complexity of this inquiry, the DPP’s office is likely to take many months to reach a decision on whether anyone should be charged with criminal offences. Some gardaí believe that won’t happen until well into next year.

The families of the victims are obviously upset, but what exactly are they looking for?

Last week, Darragh Mackin of Phoenix Law, representing the families of seven of the victims, called for a public inquiry or commission of investigation into the fatal explosion. He said “complex and contentious deaths” require a parallel investigation while a criminal investigation is ongoing. Only a process independent of a criminal inquiry would lead to a report being published and a full set of lessons learned to prevent a similar explosion occurring again, he has said.