A garda is to face a criminal prosecution over his driving in relation to an incident in which three men were killed in a collision on the N7 in Dublin two years ago while fleeing from gardaí.
A sitting of Dublin District Coroner’s Court heard that the DPP has directed that a garda involved in the pursuit of the three males, who were members of a Tallaght-based criminal gang that specialised in burglaries, is to be charged with a driving offence.
The three victims – Dean Maguire (29), Karl Freeman (26) and Graham Taylor (31) – were killed instantly when their BMW vehicle burst into flames following a head-on crash with a truck between Citywest and Baldonnel on July 7, 2021 while they were driving on the wrong side of the carriageway.
READ MORE: Families of burglary gang men who died in N7 blaze voice concerns over probe into crash
The coroner, Clare Keane, was informed that the DPP had taken the decision to initiate the prosecution based on a file submitted by the Garda Síochána Ombudsman Commission which investigated the circumstances of the fatal crash.
A designated officer with GSOC, Seán Campbell, applied for an adjournment of the inquest into the deaths of the three men based on the new development in the case.
Mr Campbell said the garda facing the prosecution was still not aware of the precise offence with which he would be charged and consequently he did not wish to say anything further on the matter.
The GSOC official said he had only become aware of the DPP’s decision on Tuesday evening.
Mr Campbell said he was not in a position to provide any more details about the prosecution until he had received documents from the DPP relating to the summons to be served on the garda.
However, solicitor for Mr Taylor’s family, James McGuill, complained that minimal information about the pending prosecution was being provided to the hearing.
“It is scandalous treatment by GSOC of bereaved families who already have been waiting two years for answers,” said Mr McGuill.
He claimed GSOC should be required to provide a legal justification why the men’s relatives should have another two weeks of “legal uncertainty” imposed on them.
Mr McGuill also called on Dr Keane to use her authority to get Mr Campbell to provide such information.
Solicitor for Mr Maguire’s family, Michael Finucane, claimed there would be no prejudice to the garda by just informing the relatives of the victims about the charge which he would be facing.
Mr Finucane said he could see no basis why they could not be given such information after hearing from Mr Campbell that the garda’s solicitor had been told “in a roundabout way” about the pending prosecution.
Asked to clarify what that meant, Mr Campbell replied that the offence related to “his driving on the night.”
Mr McGuill said he would be “astonished” if the garda or his solicitor had not asked what exact charge he would be facing.
He claimed there was nothing under legislation to prevent the coroner and his clients from being told the nature of the offence as Mr Campbell was only stating a preference not to release such information.
Mr McGuill said it was likely that the garda would face a charge of either reckless endangerment or dangerous driving causing death.
“What possible reason is there not to be told today,” he remarked.
However, Mr Campbell said he was aware of the specific charge but did not wish to answer further questions about it at this stage.
The GSOC official said he would be happy to answer any questions once the summons had been served on the garda and he was aware of the offence.
Following repeated questions by legal representatives of the families of the deceased, Mr Campbell said he had informed the garda’s solicitor about the prosecution.
He explained that the solicitor would have seen all GSOC’s information on the case and would have known “what was coming.”
Mr Campbell said he believed it was only fair that the garda should be formally notified first about the offence and would not release such information in advance of that.
In response, Mr Finucane claimed no justifiable reasons had been provided by the GSOC official for not revealing the specific offence.
“It’s not good enough. That is really causing great difficulties for all the families,” he added.
Asked by the coroner when he would be in a position to specify the nature of the charge, Mr Campbell said GSOC’s file had been with the DPP since last December and he expected he would be able to outline the exact offence to the coroner and the men’s families in about two weeks.
Mr Freeman’s father, Jason Freeman, addressed the court to express concern that the families would read about the charge in the newspapers unless the coroner compelled Mr Campbell to disclose the offence.
Addressing a large group of the deceased’s relatives who attended the hearing, Dr Keane acknowledged that the issue was “very upsetting” for them.
Following a brief adjournment, the coroner said she would grant GSOC’s application for an adjournment in the case on the basis criminal proceedings are being considered.
Dr Keane set a further hearing in the case for May 23.
Last August, the inquest heard the bodies of the three men had to be identified using DNA samples taken from relatives because of the extent of the injuries they suffered in the collision and subsequent fire.
Controversy was generated following the men’s deaths in 2021 over the conduct of mourners at the requiem mass and burial of Mr Maguire.
The funeral at St Mary’s Priory church in Tallaght garnered international headlines after a screwdriver and torch – tools associated with burglars – were brought to the altar as offertory gifts, while many attendees ignored attempts by local priests to limit the numbers in church and to get the congregation to observe social distancing and mask-wearing as part of Covid-19 restrictions.
One woman who delivered a eulogy said Mr Maguire would not be forgotten before adding: “Sorry for the language, Father – rest in peace, you f**king legend.”
A poster brought to the church read: “RIP Dean – You know the score, get on the floor, don’t be funny, give me the money.”
Fr Donal Roche, who oversaw the requiem ceremony and threatened to halt proceedings at one stage if greater respect was not shown in church, subsequently described it as the “most disturbing” funeral he had ever attended.
A funeral cortege featured motorcyclists doing wheelies and burnouts in a high-speed convoy, while Mr Maguire’s associates also carried out dangerous manoeuvres on public roads around Crumlin and other parts of the city in the days following his death.
All three men, who had a combined total of over 200 convictions, were known to gardaí and were believed to be key figures in a burglary gang that was linked to “Fat” Andy Connors – a crime gang leader who was shot dead outside his home in Saggart, Co Dublin in August 2014.
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