The Dublin City Coroner has refused an application by the Garda Ombudsman Commission to adjourn an inquest into the death of a man who was shot by a member of the Garda Emergency Response Unit during a foiled post-office raid in Lusk, on the grounds that it was an unreasonable and disproportionate request.
The joint inquest into the deaths of Colm Griffin and Eric Hopkins was halted abruptly on September 25th after a surprise application by a Garda Ombudsman Commissioner, Conor Brady, to adjourn the inquest in light of a complaint received by the office that "inappropriate lethal force" had been used in respect of the death of Eric Hopkins.
The jury had already retired to consider its verdict.
Mr Griffin and Mr Hopkins died trying to rob a post office on the morning of May 26th, 2005.
Coroner Dr Brian Farrell yesterday criticised the "irrevocable decision" by the Commission to seek an adjournment of the inquest into the deaths before consulting with the Dublin City Coroner's office on the matter.
He told the court that nothing which would prejudice any civil or criminal proceedings had arisen over the course of the five-day inquest and that it was "normal procedure" to conclude an inquest and for the Garda file to remain open.
"I don't know how many times we've said after an inquest that we would call on members of the public to come forward. This would have been explained to the Garda Ombudsman Commission," said Dr Farrell.
"It would have been explained no issue had arisen in relation to prejudicing the rights of any individual," he said.
Among the grounds for the Commission seeking an adjournment of the inquest was that to conclude it could prejudice any legal proceedings which might arise out of an investigation of the complaint by the Commission.
Dr Farrell was also highly critical of the failure of the Commission to inform his office of the complaint until the last minute.
"It does seem, sadly, for whatever reason, while the Coroner's office had been engaged actively with the Ombudsman office - there was no reciprocity with regard to the inquest.
"There was a failure to inform the Coroner's Office at the first available opportunity - that a complaint had been made. I would have thought a complaint of 'unlawful use of lethal force' would have been a complaint which would have attracted the highest priority," he said.
The balance of convenience would appear to lie with the continuation of the inquest, he added. The inquest is now expected to conclude tomorrow.
Speaking outside the court, the spokesman for the Garda Ombudsman Commission, Kieran Fitzgerald, agreed that there had been an unfortunate delay in notifying the Coroner's office.
The complaint was received at the Ombudsman's office on August 31st, but the Coroner was not informed until September 24th.