Horkan family rejects Fiosrú referral, demands full public inquiry into garda's murder

The family of murdered Detective Garda Colm Horkan say they "feel extremely let down" by Justice Minister Jim O'Callaghan's decision to refer the holster issue to policing watchdog Fiosrú.

Horkan family rejects Fiosrú referral, demands full public inquiry into garda's murder

Horkan family condemns watchdog referral over fatal holster concerns

The family of murdered Detective Garda Colm Horkan have said they have "no faith" in the process initiated by Justice Minister Jim O'Callaghan, after he asked policing watchdog Fiosrú to open an independent investigation into the firearm holster linked to their relative's death, the Irish Times reports.

Fiosrú confirmed on Wednesday that it had received O'Callaghan's request to investigate "matters concerning the safety and suitability of the firearm holster used by Det Garda Colm Horkan at the time of the incident in which he was murdered".

Horkan was shot and killed with his own gun by Stephen Silver in Castlerea, Co Roscommon, on 17 June 2020. Claims have since been made that he was issued a faulty firearms holster.

Silver lodged an appeal against his murder conviction earlier this year, with the matter still live before the courts. His lawyers have argued that the State's psychiatric evidence contradicted the legal test for insanity.

Holster concerns raised by whistleblowers

Political pressure on the case intensified in recent months after Garda whistleblower allegations about unsuitable holsters featured in an RTÉ Investigates programme. It was alleged the holsters became loose over time, with leather creasing around the trigger and creating a risk of accidental discharge. Concern was also raised that fingers could reach inside the holster, even when closed, and pull the trigger.

The holsters were officially removed from service and were due to be replaced by polymer versions in a phased roll-out by the end of 2022, with the leather holsters subsequently shredded.

Minister cites ongoing appeal as reason against public inquiry

Speaking in the Dáil on Wednesday, O'Callaghan said he had met the Horkan family on several occasions, including last week, and was "aware of their call for a public inquiry into Colm's death". He said it was "important to allow for the conclusion" of ongoing criminal proceedings, the outcome of an inquest, and other matters "before considering if there is a need for a public inquiry".

O'Callaghan said Fiosrú held all the necessary powers to fully investigate the holster matter. "They are fully independent and I have every confidence in their capacity to investigate this issue without fear or favour."

Family: referral contradicts minister's own stated position

The Horkan family said O'Callaghan had told them that Silver's ongoing appeal was a barrier to a public inquiry — yet he had "now triggered this private investigation" by Fiosrú. They said they "saw no bar" to holding a full public inquiry regardless.

In a statement, the family noted that Fiosrú had already investigated one protected disclosure concerning the holsters, and that concerns about them had been known to its predecessor, the Garda Síochána Ombudsman Commission (Gsoc), as far back as 2019. They said they did not know Fiosrú's terms of reference and whether its investigation would address "any of the matters that we have raised and to which we want answers".

"In short, we have no faith in this process and feel extremely let down by the Minister," the statement concluded.

Fiosrú confirmed contact had been made with the Horkan family and said it would be making no further comment at this time.

Opposition TDs back family's call

Labour justice spokesman Alan Kelly told the Dáil the Minister's decision was "another layer of insult and injury" for the Horkan family. He said it was a "joke" that Gsoc had previously started and then discontinued a similar investigation because it "couldn't get co-operation" from Garda management. Kelly, who has repeatedly raised the holster issue in the Dáil, said senior gardaí knew the holsters were defective and dangerous, with hundreds of members refusing to use them and buying their own instead.

The issue arose during a Private Members' debate introduced by Aontú leader Peadar Tóibín, who called for a public inquiry into the handling of Garda protected disclosures and protections for whistleblowers. Tóibín said serious questions "arise concerning statements made by senior Garda management about the holster-safety forensic examinations" and that "there is a whole range of firearms questions at the heart of this".

Sinn Féin TD Matt Carthy, chairman of the Oireachtas justice committee, said the referral to Fiosrú was a "cop-out" and no substitute for a full independent public inquiry. He said past public interest inquiries carried out by Gsoc had "become synonymous with delays and frustration of truth-seeking processes".

Source: Irish Times