The Minister for Justice has indicated that he may no longer be willing to financially assist a family at an inquest into the death of a young man who died in Garda custody.
Four weeks ago, Michael McDowell agreed to assist the family of Terence Wheelock with costs for independent forensic examination of his clothes. However, shortly before a brief hearing at the Dublin City Coroner's Court yesterday, legal representatives for the Wheelock family received a fax from the Minister questioning whether independent forensic examination was necessary.
"The Minster for Justice previously offered ex-gratia to the family, but he has now indicated that payment for analysis is something problematic.
"In the fax he says 'since the Forensic State Laboratory is independent, why does your client believe an independent review is necessary'?" Seán Gillane, legal representative for the family, told the court.
Mr Gillane said the letter was "very hard to understand and very insulting to the family". He said it was normal procedure in court cases for independent forensic examination to be carried out. Mr McDowell also asked whether the coroner requested that an independent report be prepared.
"I thought we'd reached a point to proceed, but it seems that the questions asked amount to a barrier to move forward. The questions asked are unnecessary and rhetorical," Mr Gillane said.
Terence Wheelock (20), Summerhill, Dublin, was found unconscious in a cell at Store Street Garda station last June after he apparently attempted to hang himself with a cord from his tracksuit bottoms. He was brought to the Mater hospital but never regained consciousness. He died on September 16th, 2005.
His family has questioned the circumstances of his death and claims he was mistreated while in a cell.
Mr Gillane said he would now attempt to negotiate with Mr McDowell over financial assistance. "It may be that there be an outcome of common sense when we respond." He understood Mr McDowell was not granting legal aid to the Wheelock family but "payment would be for independent analysis".
Following Mr McDowell's financial aid offer last month, an estimate was sent to his office outlining the costs involved in bringing the family's forensic experts from Britain to carry out their examination in the Forensic State Laboratory.
Marion Berry, legal representative for the Garda Commissioner instructed by the Chief State Solicitor, said she had not been informed of Mr McDowell's correspondence and she had no instructions from the Department of Justice about this.
The inquest was adjourned until May 3rd.