The Dublin City Coroner has invited the Minister for Justice to write to him to outline his queries in relation to the possibility of independent evidence being heard at an inquest into the death of a young man who died in Garda custody.
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 bottom. He was brought to the Mater hospital but never regained consciousness. He died on September 16th, 2005.
His family has questioned how he could have hung himself from a panel in his cell that was just a few feet off the floor. They say he was not suicidal and claim a public inquiry is needed to address their concerns.
The Wheelock family has requested financial aid from Minister for Justice Michael McDowell to carry out an independent forensic examination on his clothes and the ligature used in his death.
At a brief hearing at the Dublin City Coroner's Court yesterday, legal representatives for the Wheelock family said Mr McDowell had written to them questioning whether an independent forensic report would be admissible at the inquest.
Coroner Dr Brian Farrell told the court that the independent report could not be admissible in direct evidence but legal counsel could draw from it and put questions arising from it to witnesses at the inquest. "I think I ought to invite the Minister to write to my office," Dr Farrell said. He said he would then directly reply to Mr McDowell outlining the procedure at inquests in relation to independent reports.
Seán Gillane, for the Wheelock family, said the independent examination would "greatly assist" the Wheelock family and the legal team.
In March, Mr McDowell agreed to assist the Wheelock family with costs for independent forensic examination of the clothes and the ligature. But four weeks later he indicated that he may no longer be willing to financially assist the family as he questioned whether independent forensic examination was necessary. The inquest will be heard again briefly on July 26th.