An application by the Garda Ombudsman Commission to halt an inquest into the deaths of two raiders killed during a foiled robbery was refused today.
Colm Griffin (33) of Canon Lillis Avenue and Eric Hopkins (24) of Lower Rutland Street, both in Dublin were gunned down by an Emergency Response Unit (ERU) officer as they attempted to hold up Lusk Post Office in May 26, 2005.
Griffin was carrying a semi-automatic hand gun, Hopkins was unarmed. Following a complaint from a member of Hopkins's family, the Ombudsman is investigating his death and the events surrounding the Garda operation.
The Commission sought to have the inquest stopped but Dublin City Coroner Dr Brian Farrell refused the application saying the inquest would not interfere with the investigation.
Dr Farrell said the application was unfair, disproportionate and unreasonable. He also said the Commission had failed to inform his office about the investigation at the earliest opportunity.
The jury had already been deliberating on verdicts for the deaths for half an hour before the Commission contacted the coroner.
Garda Ombudsman Commissioner Conor Brady said a complaint was received by staff at his office on August 30th.
But it took almost three weeks for the file to be passed to Mr Brady. Within hours of reading the case file he notified the Coroner.
Mr Brady declined to comment after the ruling, but revealed his officers would be reviewing the situation.
A Commission spokesman said relations with the coroner's court had been strained by the events. "It's obviously not a good day. Relations being soured? I would say that is possibly putting it too strongly.
"But I would say they are strained, but certainly mendable," the spokesman said.
Dr Farrell told the coroner's court he had refused the application on the balance of administrative convenience and also revealed he had been informed of other investigations into suspicious deaths after inquests had been concluded without fear they had been prejudiced.
The court heard the Ombudsman was investigating the death of Terence Wheelock, a young Dublin man who died in hospital in September 2005 after being found hanging in a garda cell.
The coroner was only informed of that inquiry after it had concluded in July. Dr Farrell said it was regrettable that the Commission's application had interrupted the inquest, but he said he understood the need for it.
The Garda Ombudsman Commission began operations after much delay in May this year and already has 1,500 cases on his books.
Staff are liaising with the Coroner's Court to draw up a memo of understanding on working practices involving both agencies. But the issue of notification of investigations has yet to be discussed, Dr Farrell said.
The jury in the inquest, which has been deliberating for around one hour, is due back in court on Wednesday afternoon.
The Commission's investigation into the Garda counter operation in Lusk may take a year. The foiled raid happened just after a cash delivery of around €50,000 euro to the post office.
Up to 25 experienced and armed gardai were in the village as the ERU and National Surveillance Unit mounted their sting.