Families from Creeslough write to the Minister demanding public inquiry into the explosion

A lawyer representing the next of kin of seven of the 10 victims of the October 2022 explosion in the County Donegal village has called for an independent investigation in a letter to Justice Minister Helen McEntee.

Irish Prime Minister Simon Harris responded to their call by saying that there were “important questions” to be answered in connection with the explosion.

Their request comes as Gardai continue to investigate the circumstances of the explosion that rocked the village’s Applegreen petrol station and a nearby block of flats on the afternoon of October 7.

Four men, three women and three children between the ages of five and 59 died in the explosion.

The cause of the explosion has yet to be officially confirmed by authorities, but a gas leak is believed to be the main point of investigation.

The dead included 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.

The law firm Phoenix Law, which represents the majority of the families, has now written to Ms McEntee asking for a public inquiry or the establishment of a commission of inquiry.

Darragh Mackin, the families’ lawyer, said they had also requested a meeting with the minister.

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

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

Mr Mackin’s letter stressed that the victims’ families had to endure “unimaginable pain and suffering”.

“Their families cannot mourn their loss until they learn the truth about what happened, acknowledge the mistakes made, and learn concrete lessons to ensure an incident like this never happens again,” he wrote.

The letter pointed out that the incident is currently only being investigated as part of a criminal investigation by the Gardai.

It said there was still uncertainty about when this process would be completed and whether there would be criminal proceedings.

Mr Mackin said the Gardai’s statutory role was to investigate suspected criminal offences.

“They cannot be criticized for this restriction,” he added.

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

He added: “It is clear from any reading that there are wider preventability issues surrounding the Creeslough explosion which will inevitably fall outside the Garda’s remit.”

Regarding other types of investigations, the families’ lawyer said there were several reasons why a judicial investigation into the Creeslough case would be “inadequate and ineffective”, including the fact that such an investigation could take several years.

Mr Mackin said it was widely recognised within and outside the State that “complex and controversial deaths” require a parallel investigation while a criminal investigation is ongoing.

He said the recent investigation into the Grenfell fire in London was an “apt comparison” as it ran parallel to the police investigation.

Mr Mackin concluded: ‘In light of the above, we are formally requesting that the Minister consider commissioning an independent investigation in the form of a public inquiry or commission of inquiry. Terms will be agreed in consultation with the families.

“Conducting such an investigation now ensures that no further time is lost. It gives our clients the opportunity to find out the truth and finally mourn their loved ones.”

“Given the nature of our request, we would like to use this letter to formally request the Minister to consider meeting with our clients to discuss this request in more detail as soon as possible.

“Finally, as you will understand, we are now approaching our second anniversary and we would therefore be grateful if you could comply with this request as soon as possible.”

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

He added: “There are also very important questions that need to be answered, I fully agree with that.

“I think the question the government has to ask itself now is how best to do this.

“I am aware that investigations are currently underway, but I think the families are certainly entitled to be heard on this matter.

“We should always listen to the families of the victims and I am sure that the government will take their request into account.

“Of course we have to remain unbiased, but I think we have to get involved.”

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

“As an investigation is currently ongoing, it would not be appropriate to comment further,” the ministry added.

A Garda statement said: “The investigation being led by the Gardai in the Donegal Division is ongoing and it is intended to submit a file to the Public Prosecution Service.”

“There is no further comment to Garda Siochana at this time.”

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

“The second anniversary is approaching and these families know neither the truth nor the circumstances of the explosion,” he told PA.

“It is imperative that grieving families are provided with a forum in which they can access the relevant documents, ask the crucial questions and receive the crucial answers. Only when this happens can lessons be learned and the truth brought to light.

“When such terrible events occur, an investigation is imperative, independent of criminal proceedings.

“Similar to Grenfell, these families need an independent forum that will give them and the wider public the answers they deserve.

“These families now eagerly await the Justice Minister’s response to their request for a meeting and the need for a public inquiry.”