Gardaí tasked with identifying an “act of omission” that a senior-ranking garda believed he had made while investigating the Regency Hotel gangland shooting were unable to determine the perceived mistake, an inquest has heard.
Det Supt Colm Fox (56) was found dead in his office at Ballymun Garda station on February 10th, 2018, while Patrick Hutch, of Champion’s Avenue, Dublin 1, was on trial at the Special Criminal Court for the February 2016 murder of Kinahan organised crime group associate David Byrne at the north Dublin hotel. The trial collapsed following Det Supt Fox’s death.
In several letters written shortly before his death, Det Supt Fox – who was the lead investigator in the Regency Hotel case – referred to a perceived “act of omission” he had made in relation to his investigation of the Regency Hotel shooting.
Det Supt James Tierney told a sitting of Dublin District Coroner’s Court on Thursday that, following an investigation involving interviews with 138 witnesses, examination of various electronic devices, as well as Det Supt Fox’s emails and paperwork, it was not possible to identify the “act of omission” he referred to in the letters.
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At the conclusion of the inquest, coroner Dr Myra Cullinane said it was tragic that a man who was “variously described as a perfectionist” appeared to have perceived a mistake in his work as a “catastrophe”, such that the solution was to take his own life. She returned a verdict of death by suicide.
Speaking to the media after the inquest, David Fox, the detective’s son, described his death as “distressing and tragic”, but said his family “never lost sight of the father, husband, son and brother we knew and loved”.
“Our dad loved his job. It was part of what made him the person he became. In the end, we know it was all too much for him – the strain, and the stress, and the responsibility of his job,” he said. “It is so sad that his life finished as it did, and we hope that no other family goes through the loss that we have endured.”
Padraic McMahon, a Health and Safety Authority official, said that evidence suggested workplace stress was a factor in the death of Det Supt Fox. He said Det Supt Fox’s belief that he had made an error or omission early in the Regency Hotel investigation – and the perception of that mistake – “overwhelmed him”.
Mr McMahon said given that the stress Det Supt Fox was suffering was not reported to An Garda Síochána, the force was “not in a position to act”, and was not in breach of legislation in relation to his death.
Mr McMahon also noted that Det Supt Fox “may not have been qualified” to carry a gun at the time of his death, as he had not undertaken a firearms refresher course since October 2016. Det Supt Fox signed out a Smith & Wesson revolver from Ballymun Garda station’s armoury on the day of his death. He was later found deceased with the revolver.
Dr Oghenovo Oghuvbu, the Garda’s Chief Medical Officer, gave evidence of the support available to members of the force suffering with mental health difficulties at the time of Det Supt Fox’s death, and the subsequent roll-out of further measures to improve support.
The court heard that several health and wellbeing resources provided by An Garda Síochána rely on self-referral. Mark Harty SC, for the bereaved family, put it to Dr Oghuvbu that the difficulty with a reliance on self-reporting is that “it will not find all persons at risk”.
Dr Oghuvbu said there was emphasis on encouraging “management on every level” to engage with members and on “signposting” support systems. He said that management personnel are provided with information on identifying signs of concern – changes in patterns of attendance, or changes in behaviour, for example.
Dr Cullinane made various recommendations at the conclusion of the inquest. She recommended the digitisation of the Garda’s firearm authorisation system, and recommended continued work within the force on the communication and promotion of mental health resources for members. She also recommended and endorsed a new Garda directive on the issuing and use of firearms, and said its implementation should be prioritised.
Shane Murphy SC, for An Garda Síochána, offered condolences to the bereaved Fox family on behalf of Garda Commissioner Drew Harris.
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