The family of murder victim Donna Cleary are considering taking a legal action against the state in relation to their daughter's killing as well as taking the case to the European Court of Human Rights.

The 22-year-old mother-of-one from Coolock, Dublin, was shot dead at a house party on 5 March, 2006, when a gunman opened fire indiscriminately at a group of
partygoers.

The main suspect in the case, Dwayne Foster, died from a brain haemorrhage in a garda cell after being questioned about his role in the young mother's murder.

Three other men were in the company of Foster when the shooting took place.

It is understood two of these men are in prison for "a latitude of other offences" while the third man is living in the UK after recently being released from prison.

Several witnesses placed them at the murder scene, and Cleary's parents Peter and Kathleen have continuously questioned why these three men were not charged for their role in her killing, or at least for criminal damage since they vandalised the property where the party was being held.

Following the death of Foster, the DPP directed that no prosecutions be brought against the three other men.

"I cannot understand why the DPP didn't charge the three others with their involvement," said Peter Cleary.

"We're talking about murder here. These people should be held accountable, they have been identified as being involved.

"We're looking at our legal options now. Taking the case to the European Court of Human Rights as well as suing the state are two options we're looking at.

"We're awaiting documents from the gardaí from the book of evidence since Donna's inquest that will then determine for our lawyers how we are going to proceed legally.

"But we are fully determined to continue in our fight for justice for our daughter."

The young mother had been attending a 40th birthday party at an address at Adare Green, Coolock, when she was shot in the chest. A group of men who had earlier been refused entry to the party returned and one of them opened fire.

A garda involved in the investigation said new evidence was required to bring the case forward but it remains open.

It is understood there is still potential for prosecutions but gardaí say new
witnesses or evidence is needed.

A legal source said it would be difficult for the Cleary family to successfully sue the state as their daughter's life was not under threat at the time of her murder, so it was not negligent in protecting her.

"We know we do have legal options and as soon as we get the information we need from the gardaí, we'll be pursuing every avenue," Cleary added.