Creeslough families write to minister asking for public inquiry into explosion

Several families who lost loved ones in the Creeslough explosion have called on the Irish Government to set up a public inquiry into the tragedy.

A lawyer representing the next of kin of seven of the 10 victims of the October 2022 blast in the Co Donegal village has written to Minister for Justice Helen McEntee asking for an independent investigation to be established.

Irish premier Simon Harris has responded to their call by stating there are “significant questions” to be answered around the explosion.

Their request comes as gardai continue to investigate the circumstances of the explosion that ripped through the village’s Applegreen service station and a nearby apartment block on the afternoon of Friday October 7.

Four men, three women and three children, ranging in age from five to 59, died in the blast.

While the cause of the explosion has yet to be formally confirmed by the authorities, it is understood a gas leak is considered a central line of inquiry.

Those who died were Robert Garwe and his five-year-old daughter Shauna Flanagan-Garwe; Catherine O’Donnell and her 13-year-old son James Monaghan; fashion student Jessica Gallagher; Celtic fan Martin McGill; Sydney native James O’Flaherty; shop worker Martina Martin; carpenter Hugh “Hughie” Kelly; and 14-year-old Leona Harper.

Phoenix Law, which acts for the majority of the families, has now written to Ms McEntee formally seeking a public inquiry or commission of investigation.

Darragh Mackin, solicitor for the families, said they had also requested a meeting with the minister.

The letter, seen by the PA news agency, said the tragedy of Creeslough had been compounded by the absence of an independent human-rights compliant investigation.

Mr Mackin represents next of kin of Robert Garwe, Shauna Flanagan-Garwe, Catherine O’Donnell, James Monaghan, Jessica Gallagher, Martina Martin and Leona Harper.

The letter written by Mr Mackin highlighted that the families of the victims had each endured “unimaginable pain and suffering”.

“Their families remain unable to grieve for their loss until such times as they know the truth of what occurred, the failings are acknowledged, and specific lessons are learned so that an incident like this never happens again,” he wrote.

The letter noted that the only current examination of the incident is the criminal investigation by gardai.

It said there remained uncertainty over when that will conclude and whether it will result in any criminal justice proceedings.

Mr Mackin said the statutory function of the gardai is to investigate alleged criminality.

“They cannot be criticised for this limitation,” he added.

However, Mr Mackin said the Garda was unable to produce a public report into the incident, disclose documents to families or make recommendations to ensure a similar event never happens again.

He added: “It is clear on any reading that there are wider issues of preventability relating to the Creeslough explosion which will inevitably fall outside the Garda investigation.”

In regard to other types of investigation, the families’ solicitor said there were several reasons why an inquest would be “insufficient and ineffective” in the Creeslough case, including the fact that it could take several years to be held.

Mr Mackin said it was widely acknowledged, both within and outside the state, that “complex and contentious deaths” require a parallel investigation while a criminal investigation is ongoing.

He said the recent inquiry into the Grenfell fire in London was an “apt analogy” as it took place alongside the police investigation.

In conclusion, Mr Mackin wrote: “In light of the above, we write to formally request that the minister give consideration to the commissioning of an independent investigation in the form of a public inquiry or commission of investigation, in the terms to be agreed in consultation with the families.

“The holding of such an investigation now will ensure that no further time is lost and indeed will provide our clients with a vehicle for getting to the truth and, in turn, finally being able to grieve for their loved ones.

“Given the nature of our request, we write to formally ask the minister to consider meeting with our clients to discuss this request in more detail at your earliest convenience.

“Finally, as you will appreciate, we are now approaching the second anniversary and as such we would be grateful if this request could be considered at your earliest convenience.”

Speaking in New York, the Taoiseach said he can “absolutely understand” why families want answers and want information.

He added: “There are also very significant questions that need answered, I fully accept that.

“I think the question for government now to consider is how best to do that.

“I am conscious that there are some investigations under way, but I think the families definitely deserve a hearing on this issue.

“We should always listen to the families of victims and I am sure government will consider their request.

“Of course we need to keep an open mind but I think we need to engage.”

Tanaiste Micheal Martin said he would like to see the conclusion of the garda investigation before any decision was made on a public inquiry.

He said the Creeslough explosion was “a terrible tragedy” and that “it does need the fullest of examinations”.

A statement from Ms McEntee’s department confirmed she had received the letter and was “currently considering its contents”.

“It would not be appropriate to comment further given there is an ongoing investigation under way,” the department added.

In a statement, the Garda said: “The investigation, led by gardai in Donegal division, is ongoing with the intention of submitting a file to the Office of the Director of Public Prosecutions.

“An Garda Siochana has no further comment at this time.”

Mr Mackin said the families were eagerly awaiting a reply from the minister.

“As we approach the two-year anniversary, these families are none the wiser as to the truth or the circumstances of the explosion,” he told PA.

“It is imperative that these grieving families are provided with a forum to access the relevant documentation, ask the pivotal questions and obtain the crucial answers. Only when this happens can lessons be learned and the truth uncovered.

“When horrendous events like this occur, there is an imperative need for an investigation separate to any criminal process.

“Akin to Grenfell, these families require an independent forum which provides them, and the wider public, the answers that are deserved.

“These families now eagerly await to hear from the Minister for Justice on their request for a meeting and the need for a public inquiry.”