Three pathologists' reports for Murphy inquest hearing

The reports of three pathologists are to be heard at the preliminary hearing in March of an inquest into the death of Brian Murphy…

The reports of three pathologists are to be heard at the preliminary hearing in March of an inquest into the death of Brian Murphy, the teenager killed in a fracas outside a Dublin nightclub in August 2000.

Describing the preliminary hearing as "an unprecedented situation", Dublin City Coroner Dr Brian Farrell said it would take place without a jury and that he would decide on the admissibility of the medical evidence before the full inquest proceeds.

State Pathologist Prof Marie Cassidy will give evidence at the preliminary hearing and a report by her predecessor, Prof John Harbison - who carried out the postmortem on Mr Murphy - will also be read into the record. Prof Harbison is unable to give evidence due to illness.

In his report, he concluded that Mr Murphy died from swelling of the brain due to severe facial injuries suffered during an assault.

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Prof Cassidy's report, compiled later from forensic reports, differed significantly from that of Prof Harbison in that she said the injuries suffered by Mr Murphy were "relatively minor" and would not be expected to cause his death. She attributed the death to the trauma of head injury combined with the effects of alcohol consumption.

Dr Derek Carson, a Northern Ireland-based forensic pathologist enlisted by the Murphy family, has also provided the coroner with an expert report that gives his opinion on the cause of Mr Murphy's death. Dr Farrell yesterday invited Dr Carson to attend the preliminary hearing, where his conclusions will be put to Dr Cassidy.

"I will put Dr Carson's report to Dr Cassidy . . . We always seek at inquests to hear the best evidence available," Dr Farrell said.

The move followed legal argument on whether the coroner has the power to hear from an expert witness who did not carry out a postmortem examination.

"This situation is unprecedented in my experience," said the coroner. "We will question the medical cause of death and issues to be put before the jury on the second day.

"Depending on the issues arising on the first day in the absence of the jury, I might have to take a decision in relation to the DPP case."

At a previous sitting, the coroner said it remained to be determined whether he had the power to hear from an expert witness such as Dr Carson as he did not carry out Mr Murphy's postmortem.

Mr Murphy (18) died following a row outside Club Anabel in Ballsbridge. The original inquest was adjourned pending the trials of four young men who were charged with manslaughter.

After a lengthy trial and appeals by two of the men, none was convicted of manslaughter, although two were convicted of violent disorder.

A retrial on the charge of manslaughter against one of the accused, Dermot Laide, did not proceed as planned last year because of Prof Cassidy's report.