Man told his mother he had been given a ‘hiding’ by gardaí, inquest hears

The father of a man who took his own life told an inquest he believes his son died because he was not “happy about how he was being treated by the State”.

Sean Divilly (26) from Thomond Road, Ballyfermot, Dublin 10, was found by his father on the morning of August 22nd, 2013.

His mother Joan Divilly told Dublin Coroner's Court that an hour before, her son arrived home upset and claiming he had been given a "hiding" by gardaí­.

However, the inquest heard that a Garda Síochána Ombudsman investigation concluded there was "no physical interaction" between Mr Divilly and gardaí­ at the scene of a single car accident earlier that morning.

His father, Sean Divilly Snr, gave evidence he found his son at about 7.40am after his wife raised the alarm when she found a number of notes in the computer room.

He said his son had been refused a licence to work in security by gardaí­.

He had minor convictions for drink and drugs, he said.

“He had been cut off the dole and he had issues with the gardaí­ about being stopped. Sean lost his dole because he was working a few hours a week.

“I believe that Sean took his own life as he wasn’t happy about how he was being treated by the State,” he said.

Ms Divilly said that one of the notes stated “the guards did this to me”.

She said she let her son into the house at 6.30am and he looked “very distressed”.

He told her he was “after getting a hiding again” and when she asked from who he said “the guards”. They had taken his van, he told her.

She urged him to go to bed. She went back to bed, waking up an hour later and she found the notes.

The court heard Mr Divilly spent the previous hours with friends driving around Dublin in his van. He had bought cocaine during the night and the men were drinking in the van. One of those present Lee Byrne said Mr Divilly was speeding. He crashed the van into a tree at the junction of Cork Street and Dean Street in Dublin 8.

When gardaí­ attended the scene all occupants were outside of the van. Garda John Murphy said Mr Divilly initially claimed it had been stolen but later said a friend had been driving it but he would not name them.

The van was seized.

Members of the family questioned why he was not arrested. Gda Murphy said they were unable to establish who had been driving the car and, as a result, had no power of arrest.

The post-mortem was carried out by state pathologist Professor Marie Cassidy. There was no evidence of a third party assault.

A toxicology report found alcohol, cocaine, cannabis and sleeping tablets in Mr Divilly’s system when he died.

Coroner Dr Brian Farrell told the jury that to return a verdict of suicide they must be satisfied that he intended to take his own life "beyond a reasonable doubt".

The results of the toxicology report raised the question of whether Mr Divilly was “clear in his mind in what he was doing”, he said.

The jury returned an open verdict.