Dublin TD hits out at lack of information in Tuohey case

The Minister for Justice should intervene to ensure that Shane Tuohey's family are provided with information from the ongoing inquiry into the Rahan native's 2002 death, Deputy Clare Daly has said.

The inquiry into Mr Tuohey's death was one of five initiated by the then Minister for Justice Frances Fitzgerald in 2016, after the case was reviewed Independent Review Mechanism (IRM), which was established to consider allegations of Garda misconduct.

His family believe that Shane was assaulted on the night of his disappearance and have spent the last 16 years campaigning for a full re-investigation into his death.

Last month, Shane's father Eamon spoke to Offaly Independent about his family's frustration at being excluded from the inquiry.

Speaking in the Dail recently, Deputy Daly said that three of the five inquiries initiated at the same time as Mr Tuohey's have been completed and that in each case the families involved were provided with regular updates.

“The families involved met the judges before the cases started, their legal teams met the inquiry team and they received a transcript of the proceedings every day. An Garda Síochána and the DPP were present with a legal team so that they could interact with the judges. Yet in the case of Shane Tuohey, a former constituent of the Minister, and his family, who are constituents of the Minister, the judge will not meet with the family or their solicitor and will not have any contact with them.

“...The family's solicitor has sought a copy of the transcript in line with other people's solicitors but, again, there has been no reply to that. This is not adequate, fair or transparent,” she said.

Deputy Daly added that Tuohey's ongoing exclusion from the inquiry “is causing them further pain and hardship”.

“They have written to the judge and the Minister. Somebody needs to do something. We are not asking for the terms of reference to be changed. It is patently non-transparent and unfair.”

Minister for Justice, Charlie Flanagan, said that he would not be intervening in “what is an independent statutory inquiry”.

“The families are in a position to make representations directly to the judge. Their legal advisers are in a position to advise as to the law and to liaise directly with the judge on a regular basis. I believe there are remedies available in the event of the type of grievance referred to by her,” he said.