Justice Minister commits to public inquest into death of Garda Colm Horkan

There will be a public inquest into the death of Detective Garda Colm Horkan when criminal proceedings in the Court of Appeal conclude, the Justice Minister said.

The family of the murdered Garda said on Wednesday that they were “extremely let down” by Justice Minister Jim O’Callaghan, and have no faith in an investigation into the suitability of the equipment he was using when he died.

Stephen Silver, of Aughavard, Foxford, Co Mayo, took the gun from the detective’s holster before shooting him dead.

Concerns have been raised in the Dáil that Garda Horkan had allegedly been issued with a defective holster.

Ireland’s police ombudsman, Fiosrú, began an investigation after receiving a request from Mr O’Callaghan to conduct an independent probe into the safety and suitability of the holster used by Garda Horkan.

Family members of Garda Horkan, who were seeking a public inquiry into the circumstances of his death, said they were not satisfied with the Fiosrú investigation and were disappointed by Mr O’Callaghan.

Speaking at the launch of Ireland’s first national community safety strategy on Monday, the Justice Minister confirmed that an inquest would take place when the criminal process has concluded.

He said: “I had a meeting with the Horkan family recently, I’ve met with them on numerous occasions. It was a pleasure for me to meet them.

“I listened to what they wanted to say. One of the things I was emphasising to them is that the criminal process is not yet concluded. We are still awaiting the written judgment from the Court of Appeal.

“I think it’s important to point out that there will be a public inquest in respect of Colm Horkan’s murder, and that’s something that will take place at the end of the criminal justice process.”

Silver was found guilty of murder in 2023 and sentenced to life imprisonment with a minimum 40-year term.

He appealed against his conviction, claiming that the State’s psychiatric evidence contradicted the legal test for insanity.

The Dáil voted on Wednesday on a motion brought by Aontú calling for a full independent public inquiry into alleged defective holsters and associated protected disclosures.

However, the Government tabled a counter motion with the Department of Justice citing assurances from gardaí in 2023 that the holsters were no longer in use.

The countermotion noted several ongoing legal processes over the matters, and a spokesperson said a public inquiry was therefore not being considered “at this time”, with concerns it would affect Silver’s appeal process.

The Sunday Independent reported that solicitor Phelim O’Neill, who represents Silver, said he was ‘gravely concerned’ about the Fiosrú investigation and would consider “all options” for his client’s ongoing appeal case.

Mr O’Callaghan said on Monday that the independent investigation into the safety and suitability of the holster used by Garda Horkan would not affect Silver’s appeal.

He said: “Notwithstanding, there’s a decision of the Central Criminal Court in place that says the person and the only person responsible for Colin Horkan’s murder was Stephen Silver.

“I think that’s a point that we should not lose sight of in respect of it.

“In terms of the Fiosrú investigation, I don’t believe that will in any way undermine what’s left within the criminal justice process.

“So, if there’s any issues that are outstanding, I believe that the Horkan family will get answers in respect to them, and I just regret the fact it’s taken so long, but that is part of the process in terms of the criminal justice system, the coronial system, and indeed any statutory inquiry.”

Detective Garda Horkan was 49 when he was murdered on duty. He was shot several times on June 17 2020, in Castlerea, Co Roscommon.

Deirdre Horkan, Dermot Horkan, Padraig Horkan, Brendan Horkan and Martin Horkan had said in a statement they had no confidence in the Fiosrú investigation, and could not understand how it could be launched but a public inquiry could not.

The statement said: “Minister O’Callaghan stated that the outcome of Mr Silver’s appeal was a bar to so doing, yet has now triggered this private investigation to be conducted by Fiosrú.

“In short, issues concerning the holster have been known to GSOC (Garda Síochána Ombudsman Commission) as far back as 2019 and they have done nothing. We don’t know what reports, if any, they have provided to the Garda Commissioner/An Garda Síochána arising from any of the matters above.

“We don’t know their terms of reference, we don’t believe that they are going to deal with any of the matters that we have raised and to which we want answers.

“We don’t know who will be interviewed or details of Fiosrú’s involvement or knowledge on the matters at issue at this point.

“In short, we have no faith in this process and feel extremely let down by the minister.”