The family of a Co Clare man who died in mysterious circumstances in 1984 are objecting to a fresh Garda investigation after the original investigation was criticised in an unpublished report.
Pat Nugent, a 23-year-old chef from Sixmilebridge, was found dead in the early hours of February 11th, 1984, after working as a banqueting manager at Bunratty Castle in Co Clare during a 40th wedding anniversary party at the tourist venue.
Minister for Justice Helen McEntee told Mr Nugent's family last month that Garda Commissioner Drew Harris has ordered a fresh investigation into certain matters raised by retired District Court judge Patrick Clyne who completed a report into the original investigation.
Ms McEntee told the family in a letter dated February 10th last that the new investigation was “to be treated as a cold case and given to a fresh team to fully investigate”.
The Minister has declined to publish the retired judge’s report because she has said she does not want to potentially prejudice the new Garda investigation.
The Nugent family's solicitor, Kevin Winters of KRW Law in Belfast, said they were objecting to the new investigation because of Judge Clyne's criticism of the original Garda investigation in his report into an inquiry under section 42 of the Garda Síochána Act 2005 that allows for a review of Garda investigations.
The family instead want a full public inquiry or an investigation by an outside policing agency, similar to investigations of historical crimes in Northern Ireland.
‘Hopelessly compromised’
“The current proposal of sending the new investigation back to gardaí is hopelessly compromised. The next of kin have no confidence in any new investigation which reverts back to gardaí,” Mr Winters told Ms McEntee in a letter sent on Monday.
“The original section 42 inquiry was an inquiry into the Garda investigation. Issues were identified in that inquiry process have resulted in the eventual decision to commence a fresh investigation, albeit on a piecemeal basis.”
Mr Winters told The Irish Times that the Nugent family “see this as going back to where they started because it is gardaí investigating gardaí; that creates a major confidence issue for the family, hence the call to the Minister to reverse the decision”.
On the night of Mr Nugent’s death, guests at the party recalled hearing a crash and shouting outside at the end of the party at about 4am. Kitchen staff and guests rushed out to find the 23-year-old collapsed on the ground and holding his stomach. Two crashed cars were found outside.
Mr Nugent was heard to say “he clocked me” before he lost consciousness. The individual or individuals who inflicted the injuries on the chef were never identified.
The late William Ryan, a long-time chef at Shannon Airport who was celebrating his wedding anniversary that night, was charged with Mr Nugent's manslaughter but was acquitted in 1985.
Mr Ryan gave three different statements to Garda about what happened on the night.
Garda ‘Heavy Gang’
Two off-duty gardaí were at the party when Mr Nugent suffered his fatal injuries. Judge Clyne also examined internal Garda disciplinary inquiries in the years afterwards.
In his letter to Ms McEntee, Mr Winters raised the family's concerns about the involvement of the late Superintendent John Courtney, a member of the so-called Garda "Heavy Gang", in the investigation into Mr Nugent's death and a recent RTÉ documentary series, Crimes and Confessions, about the gang.
The solicitor said that the series highlighted three miscarriage of justice cases relating to the murder of Co Meath woman Una Lynskey, the Sallins train robbery and the Kerry babies.
Mr Courtney’s involvement in at least one of these cases compounded suspicions about “the integrity and credibility” of the original investigation into Mr Nugent’s death, Mr Winters said.
“Questions are now raised about the work of Courtney through the prism of his involvement in these other miscarriage of justice cases,” Mr Winters told Ms McEntee.
There was a “clear inference that similar dubious policing methods permeated his approach” to the investigation into Mr Nugent’s death and this has “served to retraumatise and create anxiety” for the Nugent family, he said.
There was no comment from the Department of Justice on queries from The Irish Times at the time of going to press.
