Dáil Éireann debate -
Tuesday, 25 Feb 2003

Vol. 562 No. 1

Written Answers - Garda Investigations.

Joe Costello

Question:

431 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he has initiated an inquiry into the circumstances surrounding the death of a person (details supplied) who it was originally thought had died from hypothermia; and if he will make a statement on the matter. [5322/03]

Martin Ferris

Question:

438 Mr. Ferris asked the Minister for Justice, Equality and Law Reform if he will order an inquiry into the arrest, detention and subsequent death of a person (details supplied) following their release from Garda custody at Tralee Garda Station. [5533/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I propose to take Questions Nos. 431 and 438 together.

I am informed by the Garda authorities that at 5.50 a.m. on 30 October 2001, a family member of the person in question telephoned Cahirciveen Garda station to report the death of this person at the family home. The gardaí went immediately to the scene, and, based on their initial observations and the circumstances of the report, the scene was preserved and a request was made for the services of the State pathologist and a team from the Garda technical bureau.

The district officer at Cahirciveen took charge of the investigation, and inquiries were carried out to establish the last known movements of the deceased. The scene was also examined by the State pathologist, who subsequently carried out a post-mortem examination on the body at Tralee General Hospital. The cause of death was initally given as hypothermia as a result of acute ethanol intoxication and later in the inquest as acute ethanol intoxication and possibly cardio myopathy. At the conclusion of the post mortem the State Pathologist stated that the injuries were consistent with a number of falls with no evidence of assault. The deceased had a concentration of 327 mgs of alcohol per 100 mls of blood and 439 mgs of alcohol per 100 mls of urine.

I understand that the Garda investigation concluded that he received his injuries as a result of a fall within the precincts of his home. All statements relative to this investigation were forwarded to the Coroner, who set a date for the inquest for Tralee courthouse on 30 September, 2002. This was adjourned to the courthouse at Listowel on 11 November 2002 where a Garda superintendent represented the State. After 22 people gave evidence, the Coroner's Court was adjourned again to 11 December 2002, when a further 12 witnesses gave evidence. The jury returned a unanimous open verdict stating that the person in question died on 30 October 2001.

I should mention that the person in question had been released from Garda custody the previous day but I am not aware of any evidence that his unfortunate death was in any way connected with this.

As the circumstances of this person's death were exhaustively investigated first by the gardaí, and then in public at the inquest, I have no plans to initiate a further inquiry into the matter.