Aontú has hit out at the government for blocking the party’s motion calling for a full independent public inquiry into the circumstances of the murder of Garda Colm Horkan, with leader Peadar Tóibín saying it was “a dark day for justice in Ireland.”
Aontú and the Independent Technical Group, which also includes Independent Ireland, had put forward a Private Members’ Bill seeking a full public inquiry into the murder of Garda Horkan and the whistleblowers’ controversy, saying an official investigation was required into the deepening crisis, as a matter of public interest.
Detective Garda Horkan was murdered with his own weapon in 2020 amid concerns raised internally about defective gun holsters.
The motion requested a comprehensive, independent investigation into the circumstances; and the handling and treatment of officers who blew the whistle on the matter.
The motion argues that current legislation fails to protect individuals in public administration and in An Garda Síochána.
It called on the Government to: constitute a full public inquiry that is independent of An Garda Siochána and the Department of Justice. It states former Justice Minister Helen McEntee and former Garda Commissioner Drew Harris have serious questions to answer on the matter.
Ahead of the motion, leader Peadar Tóibín said: “We are using our Private Members’ time on Wednesday to call for a full public inquiry into the murder of Colm Horkan and the punishment of the whistleblowers who made protected disclosures in relation to it, and other issues.
“We support the whistleblowers’ call for a public inquiry; and the Horkan family have called for the same thing. It is the only way the truth can come to light. We hope our motion will be effective in delivering this, as it is greatly in the public interest.”
He added: “We still plan to table a motion of No Confidence in Minister Helen McEntee, but at a later date.”
“The decision has been taken because it had been hoped to get the whistleblowers before the Oireachtas Justice Committee to give TDs and Seanadóirí a better understanding of the depth of the crisis that exists within the gardai. This has not been possible, due to the timing issue. It is hoped this Justice Committee appearance will be facilitated next month.”
Introducing the Bill, Deputy Tóibín said: “At the heart of these particular allegations, it is alleged the gardaí were given materials that were unsafe. In this case, they were given holsters that did not retain the loaded guns they were carrying, and this could have possibly led to the serious injury of one particular garda and the murder of Detective Garda Colm Horkan. A garda raised this issue about these holsters in 2019, in advance of the murder of Detective Garda Colm Horkan.”
“Firearms trainers within the gardaí also raised these concerns. Video footage reportedly recorded during live firearms training in May 2020 demonstrated potential equipment safety problems. On 11 June 2020, a detective was involved in an accidental discharge associated with a firearm and that holster, subsequently giving rise to serious injury and forensic concerns. Serious questions arise from the fact this information was ignored, and we know these concerns were brought to senior gardaí before Colm’s murder. Who received the warnings and the video evidence? Why did the equipment remain in use, and who is responsible for assessing and managing that risk?”
MICHAEL COLLINS
Independent Ireland leader, Michael Collins, said his party would be supporting the motion.
“First and foremost, we remember Detective Garda Colm Horkan who was murdered in Castlerea in June 2020 while serving his community. Our thoughts remain with his family, colleagues, and all those who continue to feel that loss today. Nothing said in this debate should take away from one fundamental fact. The individual responsible for Detective Garda Horkan’s murder was convicted by the courts and bears responsibility for that crime but there is a separate question before us today.”
“That question is whether serious concerns relating to Garda equipment, procurement processes and protected disclosures were properly examined when they were raised. We know concerns were raised about the firearm holsters issued to Garda members. We know questions have been raised about testing procurement decisions and whether warnings from experienced Garda personnel received the attention they deserved. The Horkan family have consistently called for an independent public inquiry. That request deserves to be treated with respect and seriousness.”
“Every garda who goes on duty has a right to expect that the equipment issued to them is safe, properly tested and fit for purpose. Safety-critical equipment cannot be judged primarily on cost. The protection of front-line gardaí must always come first.”
“We must also look carefully at the handling of protected disclosures. The whole purpose of the whistleblower legislation is to ensure that people can raise concerns about public safety, potential wrongdoing or failures within organisations without fear of retaliation or damage to their careers. When somebody comes forward with legitimate a concern, the priority should be to investigate the warnings, not the person raising them.”
“I want to put direct questions to the Minister. Will the Minister confirm whether any warnings, reports or concerns about the safety of these firearm holsters were received before Detective Garda Horkan’s death, and what action was taken in response?” he said.
FAMILY OF GARDA HORKAN
This week, the family of Detective Garda Horkan said they have no faith in an investigation ordered by the Minister and that issues with the holster were known to the Garda Síochána Ombudsman Commission (now Fiosrú) as far back as 2019 and “they have done nothing”.
In a statement, they said that they feel “extremely let down” by the Minister for Justice Jim O’Callaghan, who had directed Fiosrú to open an investigation.
Det Gda Horkan was murdered in Castlerea in Co Roscommon in June 2020, when Stephen Silver took his gun from the detective’s holster and shot him repeatedly after the detective garda had stopped Silver on the town’s main street.
Fiosrú said that the Minister asked it “to conduct an independent investigation into matters concerning the safety and suitability of the firearm holster used by Detective Garda Colm Horkan at the time of the incident in which he was murdered”.
The Horkans reiterated their call for a public inquiry.
MINISTER BACKED FIOSRÚ
However, the Minister for Justice said he is “satisfied that Fiosrú has all the powers needed to fully investigate this matter, particularly since the enactment of the Policing, Security and Community Safety Act 2024.”
“Fiosrú is fully independent in the exercise of its functions and I have every confidence in its capacity to investigate this issue without fear or favour. For my part, I am only interested in the truth of the matter. Colm’s family deserves it and so does the public,” he said.
“I have advised the Garda Commissioner of my decision to refer the case to Fiosrú and he has assured me of the full co-operation of An Garda Síochána with the investigation. I should add that I have also directed my officials to write to the Roscommon coroner and offer the Department’s practical support to ensure that the coronial investigation process is advanced in a timely manner,” he added.