Dáil Éireann debate -
Tuesday, 13 May 2003

Vol. 566 No. 3

Written Answers. - Garda Investigations.

Martin Ferris

Question:

134 Mr. Ferris asked the Minister for Justice, Equality and Law Reform if, in view of a recent magazine article on the death of a person (details supplied), he will order a public inquiry into all aspects of the case. [12841/03]

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

As I have previously informed the Deputy, 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. At the inquest, the cause of death was initially given as hypothermia as a result of acute ethanol intoxication and later in the inquest as acute ethanol intoxication and possibly cardio myopathy. 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.

The Garda investigation concluded that he received his injuries as a result of a fall within the vicinity 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 witnesses 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.

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.

In accordance with the provisions of the Coroners Act 1962, a coroner is a statutory officer exercising judicial or quasi-judicial functions, in relation to which he or she is independent. It would not therefore be appropriate for me to comment further on the conduct of, or the verdict in, this case.

In the light of the issues raised, I have asked the Garda Commissioner for a further report on the matter.