Stardust manager Eamon Butterly made High Court application before jury began deliberations at inquestsThe application was made shortly before Dublin City Coroner Myra Cullinane had commenced her charge or final address to the jury.
It was submitted that it is not lawfully open for a jury to attribute blame to any individual or individuals. Mr Justice O’Connor was satisfied from the evidence before him that the coroner had got her decisions right regarding what she had said to the jury in respect of the verdict of unlawful killing, and that she had not erred in law.
The judge also rejected claims by Mr Butterly that he would be left without an effective remedy if an undesirable verdict from the plaintiff’s perspective was given. When the application was made the court noted that the inquest have been running for over 120 days, and the jury had considered over 80 days of evidence.
Any reporting of the application may have effected or influenced the jury while they were attempting to reach their decision.The judge, noting the court’s obligations that justice be administered in public, agreed that nothing should be reported on the application until after the verdict was given. Mr Butterly had sought to prevent the coroner from conducting the inquest in a way in which he believed would make him “a target for a verdict of unlawful killing”.
Mr Justice Meenan said an inquest is an inquisitorial hearing to establish the facts concerning the who, how, when, where and circumstances of a person’s death.The Coroners Acts prohibit questions of civil or criminal liability being considered or investigated and verdicts censuring or exonerating a person, he said.
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