The third week of direct evidence at the Stardust inquests in Dublin has heard arguably the most significant evidence so far: from the venue’s head of security Phelim Kinahan.
[ Stardust: Remembering the 48 people who lost their livesOpens in new window ]
Mr Kinahan, the most senior member of the staff at the north Dublin ballroom to appear, had sought exemption from testifying on medical grounds. Described by Dublin coroner Dr Myra Cullinane as a “significant” witness, he was called and appeared by Zoom video call over three days this week from his home in Limerick.
Though his testimony was also the most confused and confusing, as he repeatedly contradicted himself, answering questions saying he didn’t remember giving Garda statements in 1981, giving evidence at the 1981 tribunal of inquiry chaired by Mr Justice Ronan Keane, and even at one point the fire itself, he provided the first confirmation of a “policy” at the nightclub of locking all six exits for a period each night to “stop people from coming in” without paying.
During these first weeks we have also begun to hear harrowing recollections of staff who escaped the inferno in the Stardust ballroom in Artane in which 48 people, aged from 16 to 27, lost their lives in the early hours of February 14th, 1981. Fresh inquests are under way at the Dublin coroner’s court following a 2019 direction by then attorney general Seamus Woulfe that they be opened.
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Though inquests were heard in 1981, they were, in the minds of the families, perfunctory, lasting about 15 minutes each and returning only scant information about each death, mainly their medical causes.
For the first hour or so we, yes, kept [emergency exits] locked, for to stop the people from coming in. People would come in, open the doors to let their friends in
— Phelim Kinahan, the Stardust venue's head of security
Those now under way are examining all the circumstances around the deaths, including the construction, management and regulation of the Stardust, which opened in a refurbished jam factory in 1978; its management in the months leading up to and on the night of the disaster, and the response of emergency services.
“For the first hour or so we, yes, kept [emergency exits] locked, for to stop the people from coming in,” Mr Kinahan told Michael O’Higgins SC, for some of the bereaved families. “People would come in, open the doors to let their friends in.” They could all be kept locked as late as 12.40am.
“It was just the policy. I didn’t make the policy. We only did what we were told to do... ask Eamonn Butterly,” he told Des Fahy KC, for the families of nine of the dead, referencing Stardust’s manager.
Asked if he had been then and remained today “Butterly’s man”, he said: “I think so.”
Like many, if not most, of the witnesses who will be called, Mr Kinahan had previously testified at the 1981 tribunal of inquiry into the disaster, chaired by Mr Justice Keane. All previously heard evidence will be considered fresh and examined as new at these inquests as the 14-person jury considers its verdicts.
More than 300 witnesses – some of whom are dead and whose 1981 statements will be read into the inquest’s record – have been organised in a “chronological” order by Dr Cullinane.
First, we are hearing from those involved in refurbishment the former Scott’s Foods factory into the Stardust venue in 1978, its oversight and its staff. The manager, Mr Butterly, who was present on the night, is expected to appear in the autumn.
Testimony from the Stardust owner, the late Patrick Butterly, to the 1981 tribunal, read into the record, showed he believed his former factory was ‘fire-proof’ because his insurance company gave the building a ‘grade one’
Next will be patrons on the night and members of the public who saw the fire, followed by emergency service responders and, finally, expert witnesses.
Just as the deeply moving pen-portraits of the 48 young people, read into the record by family and friends over four weeks in April and May provided a glimpse into the lives of ordinary Dubliners in the late 1970s and early 1980s, these first weeks of evidence provide insight into attitudes of the era to building standards, regulation and fire safety.
Testimony from the Stardust owner, the late Patrick Butterly, to the 1981 tribunal, read into the record, showed he believed his former factory was “fireproof” because his insurance company gave the building a “grade one″.
He “knew nothing about” fire-protection standards for buildings published in 1967 and had expected Dublin Corporation to tell him about such matters.
“Did you realise the running and management of the premises and the safety of the patrons... was a matter for you, not the corporation?” he was asked at the tribunal.
“That may be, but it is great after the event... It is my feeling I should have been instructed by the authority what to do... Surely to God the fire people knew the place was going to hold 2,000 people. I never saw fire people... Well, surely to God they should have come and seen us and said what to do?” said Mr Butterly in 1981.
He believed nothing in the Stardust could go on fire, “as far as I was concerned, except it was deliberately burned – and I still think that”, he said.
[ Former Stardust nightclub to be converted to art studiosOpens in new window ]
Testimony from Harold Gardner, the draughtsman who drew up the refurbishment plans, now also dead, revealed he too had not read statutory fire-protection standards for buildings. He had not specified that seating upholstery should be fireproof and had not checked whether carpet tiles used to line the Stardust’s walls complied with fire regulations.
Asked should he not have specified the 1,460 seats he designed should be upholstered with particular foam and covered with a “flame retardant” PVC covering, he told the 1981 tribunal: “Looking back, possibly. At the time it seemed to be satisfactory… The fire department knew what we were recommending.”
When he saw the carpet-tiles being glued on the walls, he didn’t examine them or ask Eamon Butterly what he understood by ‘fireproof’.
“I accepted him when he said they were fireproof. I did not have any reason to carry the matter any further,” he said.
Declan Conway, a 26-year-old sales rep in 1977, sourced the carpet-tiles for the walls from Illingworth, a UK-based carpet-supplier. He appeared as a witness at the inquests earlier this month. He brought the fire-safety certificate for them, from Illingworth, required by Eamonn Butterly before he would order them.
Brenda Campbell KC, for some of the families, read documents to him showing Dublin Corporation had stipulated wall coverings in the Stardust should have “a minimum class one surface spread”. The Keane tribunal had heard the fire spread rapidly along the walls, she said.
Having put to him testimony from Graham Whitehead, secretary of Illingworth, to the 1981 tribunal where he said the particular carpet-tiles were being phased out and were sold at a reduced price, she asked: “Was the priority to get a cheap, job-end lot?”
“Excuse me,” replied Mr Conway. “I find that very offensive, very offensive. I have come here, and I have told you everything I know to be the truth and there was no question we were getting a job-lot at the time... It was never an issue that these were job-end tiles. Never.”
Though Mr Whitehead is not on the list of witnesses to be called, he may be yet.
In his testimony, Francis Kenny, a 22-year-old junior doorman at the time who went on to have a 31-year career as a firefighter paramedic, outlined the Stardust “policy” of draping chains over emergency exit push-bars to make them look locked. He was shown how to do this, he said.
“You were given a tutorial or demonstration on how to trick teenagers that a fire exit was locked?” asked Mr Fahy. “That is correct,” he replied.
The inquests heard Martin Donohoe, an electrical inspector with Dublin Corporation, told the Keane tribunal he had raised concerns about serious overcrowding at a concert at the Stardust by The Specials on January 15th, 1981, and that he had found an exit chained and locked during an inspection in September 1980.
Diarmuid King, senior building surveyor in Dublin Corporation, wrote to Patrick Butterly three weeks before the fire, threatening “proceedings” due to overcrowding at the January 15th concert and an obstructed exit.
“Your attention is drawn to the requirements of bylaw 38... which requires special care shall be taken to ensure the means of escape provided to all people on the premises shall at all times maintained unobstructed and immediately available,” said the registered letter, dated January 23rd, 1981.
The smoke came across the ceiling and went ahead of me and there was panic in that area. Total panic. The lights failed... There was a crush wall-to-wall of people
— Dermot O'Neill, the club's cashier and promoter
The night itself has been vividly described by former waitresses, lounge-girls, kitchen staff, DJs, a cashier and doormen.
“From the time I left [the ballroom] and got into the [foyer], the smoke had taken over and there was panic,” cashier and promoter Dermot O’Neill said.
“That’s as quickly as it happened... You’re talking two or three minutes. The smoke came across the ceiling and went ahead of me and there was panic in that area. Total panic. The lights failed... Then there was no point trying to get coats. There was a crush wall-to-wall of people.”
One of the five DJs on the night, Colm O’Brien, who was 20 at the time, said: “About a minute after I first saw the fire, the entire area which was partitioned off was ablaze. I was still on the stage ... People in front of the stage panicked and ran on to the stage... Girls were grabbing, asking for the way out.”
Having been pushed downstairs and into a backstage toilet, he stayed there for about half a minute. “The smoke then started coming in under the door and I could hear the fire crackling outside.” He stood on the toilet and “tried to push through the ceiling”.
He then wrapped his jumper over his face and in darkness felt his way along walls towards an exit, known as exit three, where he got out. He got sick outside.
“We could hear people in the toilets between exit three and the main entrance banging the windows trying to get out.”
People outside were trying to break into toilets and to go back into the venue.
“The fire brigade and the gardaí were trying to stop them,” he said.
The inquests resume on Tuesday.
