Justice Minister to consider preliminary inquest work into Creeslough tragedy

The Minister for Justice, Jim O’Callaghan, has said that he will consider starting some preliminary work for an inquest into the Creeslough explosion.

Minister O’Callaghan held a meeting with family members on Thursday at the Department of Justice headquarters.

The meeting lasted for around 90 minutes, during which time the minister said he would give consideration to starting the inquest process before a criminal investigation has concluded.

"If some of the preliminary work in respect of such an inquest could be done in advance of or during and not compromise the criminal proceedings, that is something I would give consideration to,” the minister said afterwards.

The Creeslough explosion, in October 2022, claimed the lives of five-year-old Shauna Flanagan Garwe and her father, Robert Garwe (50), Catherine O’Donnell (39) and her son James Monaghan (13), James O’Flaherty (48), Jessica Gallagher (24), Martin McGill (49), Hugh Kelly (59), Martina Martin (49) and 14-year-old Leona Harper.

Mr Darragh Mackin, a solicitor with Phoenix Law, who represents some family members, said that Minister O’Callaghan holds the “key” to a solution.

“That key comes in the form of an independent investigation chaired by the senior coroner or a High Court judge, with the necessary powers,” Mr Mackin said.

 “The continuing delay to order such an investigation erodes our clients’ confidence in the justice system in Ireland.

“Only when an independent investigation is ordered will our clients have confidence in the system.”

Mr Mackin said that an inquest similar to Stardust could take place.

Mr Mackin said such an investigation was a “minimal ask” and added: “The ball is now in the minister's court. These families have waited too long for a decision, for an independent investigation."

Mr Damien Tansey, a solicitor representing some of the other families affected by the tragedy, said any public inquest could begin alongside a criminal probe in a manner that does not interfere with them.

So far, seven people have been detained at various junctures by An Garda Siochana. None of the seven have been charged, but a file has been sent to the Director of Public Prosecutions (DPP) in relation to the matter and there is an ongoing Garda investigation into the events of October 7, 2022.

A supplementary file, in addition to the primary file, was recently sent to the DPP by Gardai, including some formal recommendations from the force.

Members of the force briefed family representatives in the last week on the issue.

Mr Tansey said that the DPP would usually take “a number of months” to consider the files.

He said: "I specifically asked him that, and his answer was that a number of files have been sent by the various bodies, the Gardaí, the HSA and the Commission for the Regulation of Utilities, his answer was that all of those bodies have sent files to the DPP.

"And it normally takes the DPP from three to six months to make a decision as to whether there will be a criminal prosecution. We'll be watching that very carefully."

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Minister O’Callaghan said he “welcomed” the opportunity to meet with the Creeslough families.

“I offered my deepest condolences to the families on the loss of their loved ones in such tragic and sudden circumstances,” Minister O’Callaghan said.

“I listened to their individual concerns and heard the families’ understandable need for justice and answers. I want to thank the Creeslough families and survivors for the constructive meeting.”