Creeslough families petition Irish Government for independent investigation into tragedy

Several families who lost loved ones in the 2022 Creeslough explosion have called on the Irish Government to set up a public inquiry into the tragedy, Phoenix Law announced on Tuesday, September 24.

Darragh Mackin, of Phoenix Law, who represents the next of kin of seven of the ten victims explosion in Co Donegal, has written to Ireland's Minister for Justice Helen McEntee asking for an independent investigation to be established.

An Garda Síochána is still investigating the explosion at the Applegreen Service Station in Creeslough, Co Donegal that killed ten people and led to the hospitalization of eight more people on October 7, 2022.

Jessica Gallagher, 24, Robert Garwe, 50, his five-year-old daughter Shauna Flanagan Garwe, Leona Harper, 14, Hugh Kelly, 59, Martina Martin, 49, Martin McGill, 49, Catherine O'Donnell, 39, her 13-year-old son James Monaghan, and James O'Flaherty, 48, all died in the blast.

The ten victims of the Creeslough explosion.

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, Phoenix Law said on Tuesday.

The Irish Times reported on Tuesday that in a statement, the Garda said: “The investigation, led by gardaí in Donegal division, is ongoing with the intention of submitting a file to the Office of the Director of Public Prosecutions.”

In his letter to Minister McEntee, 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.

Mackin said the statutory function of An Garda Síochána is to investigate alleged criminality.

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

However, Mackin said An Garda Síochána 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, Mackin 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.

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.

October 10, 2022: A member of the Garda leaves flowers at the scene of the explosion in Creeslough, Co Donegal where 10 people died. (RollingNews.ie)

Mackin concluded: “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.

“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.”

Phoenix Law said on Tuesday that a statement from Minister 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 underway,” the department added.

Mackin said on Tuesday: “As we approach the two year anniversary, these families are none the wiser as to the truth or the circumstances of the explosion.

“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.”

Taoiseach Simon Harris, who is in New York City for the United Nations General Assembly, acknowledged on Tuesday that "Creeslough was both a tragedy and a trauma."

Harris told reporters: "None of us can fully comprehend the scale of grief and pain.

"But also I know for people right across county Donegal, and indeed for people right across Ireland, it was a moment where everyone was stopped in their tracks, and it has left an indelible imprint in the memory in our country. 

"I could absolutely understand that families obviously want answers and want information, and there's also very significant questions that need answered. I fully, fully accept that.

"I think the question for Government now to consider is how best to do that, conscious that there are some investigations underway.

"But I think the families definitely deserve an absolute hearing on this issue, and we should always listen to victims and families of victims. 

"I'm sure Government will consider their proposal.

"We need to keep an open mind. I think we need to engage with what facts are trying to be established by an inquiry, and how that is different from other inquiries or investigations underway."

According to The Irish Examiner, Tánaiste Micheál Martin, also in New York, said on Tuesday that any decision on an inquiry would be dictated by the investigations currently ongoing.

"I think the investigation is not yet complete. There was a garda investigation is my understanding, I think we should await the completion of that, the various health and safety reports, and then whether we need to go forward."