The jury in the Stardust inquests’ has been urged to return a verdict of unlawful killing in the deaths of 48 people in a fire in the nightclub in 1981.
Michael O’Higgins SC began closing statements on Thursday at Dublin Coroner’s Court where inquests have been under way since last April into the deaths of the 48, aged 16 to 27, as result of an inferno at the north Dublin nightclub in the early hours of 14th February 14th, 1981.
Addressing the jury on day 110 of hearings, Mr O’Higgins, acting for families of 10 of the dead, said it had been “a long road” to the point of closing arguments.
“I am here on behalf of the families that I represent to appraise you and make submissions ... and I will be asking you to consider that you should bring in a verdict of unlawful killing.”
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Mr O’Higgins, leading one of five legal teams representing families of the deceased, said others would speak to issues including the role in the deaths of flammable carpet tiles that lined the Stardust’s internal walls, the condition of fire exits on the night and the lack of training of Stardust staff for an emergency such as a fire.
The jury would have to look at what happened in the Stardust, examine the evidence and apply “the test” as to whether there had been a “failure, to a very high degree, to observe such a course of action as experience showed to be necessary, if substantial injury to others was to be avoided”.
If these failures amounted to “a substantial cause of the death ... you are entitled to bring in a verdict of unlawful killing,”, he said.
The “credibility” of Eamon Butterly, former manager of the Stardust who appeared at the inquests over eight days in September was “shredded beyond redemption”, continued said Mr O’Higgins, due to contradictions in his evidence.
Des Fahy KC for families of nine of the dead said “failings” in relation to exit doors were “endemic” and “long-standing” at the Stardust. These included locking exit doors; draping chains over exits’ panic bars, and obstructions at doors and were in contravention of the 1934 bylaws on fire safety for places of public resort in force at the time.
The “tragedy” of the Stardust was that there were enough exits for everyone to get out safely but people were delayed and obstructed. The bodies of 22 of the dead were found metres from four of the exits. “Look how close they were to an exit. Look at how close they were to safety,” said Mr Fahy.
The failure to ensure exits were at all times accessible “was a substantial cause” of the deaths, he said. “You are entitled to consider this failure…alongside other key failures. If you come to those findings on the evidence you can...appropriately conclude all of those who died were unlawfully killed.”
Brenda Campbell, KC for families of nine of the dead, began her closing arguments focusing on the use of flammable carpet tiles to line the internal walls of the Stardust. The inquests have heard these were a key factor in the rapid spread of the fire.
Ms Campbell said the evidence allowed the jury to reach the “very straightforward conclusions” that the tiles “were wholly unsuitable as wall coverings”, they did not meet the “clear and repeated requirements of the chief fire officer”; they “substantially contributed to the rapid spread” of the fire; and they “substantially caused or contributed to the deaths”.
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