A jury at the Dublin City Coroner's Court was deliberating in the case of Eric Hopkins and Colm Griffin last Tuesday when one of the three Garda Ombudsman Commissioners, Conor Brady, dramatically requested that the inquest be adjourned.

Brady informed Coroner Brian Farrell that a complaint made 25 days previously, claiming that "inappropriate lethal force" had been used in the case of Hopkins, had just been brought to his attention. He requested an adjournment of the inquest because of the possibility of future criminal proceedings being brought.

Both men were shot dead in the process of carrying out an armed robbery on Lusk post office in May 2005. Griffin was armed while Hopkins was not carrying a weapon.

Counsel for the gardai, Shane Murphy, called the application "tardy, unjustified and unnecessary". Brian Farrell is due to deliver his ruling tomorrow afternoon.

Regardless of Farrell's decision, there is a strong possibility that both sides will go before the High Court seeking a judicial review. The Ombudsman believes that the Coroner is obliged by law to grant the adjournment because he has the same powers of a garda inspector under the Garda Siochana Act 2005.

The gardai . . . and specifically, the Garda Representative Association (GRA), which is representing the garda involved in the fatal shooting . . . disagree. It is thought that the GRA believes that the Ombudsman's investigation will not be affected by any decision of the inquest jury into the cause of Hopkins and Griffin's death. The association is said to have retained counsel and will also go to the High Court in the event an adjournment is granted.

The GRA is furious at the conduct of the Ombudsman's office and believes that the "11th hour and 59th minute" intervention of Brady is unwarranted. Sources say that the DPP has already ruled that the gardai involved in the Lusk operation have no criminal case to answer.

Gardai giving evidence at the inquest did so from behind a screen and their identities were protected because of the danger of reprisals by associates of the dead men.

On his office's delay in acting, Conor Brady told Brian Farrell: "I can't pretend I am pleased by it. I would point out we are a relatively new organisation we are little more than four months in operation."