Family may take civil action over Spanish holiday death

The family of an Irishman killed while on holidays in the Canary Islands a year ago is considering taking a civil action against…

The family of an Irishman killed while on holidays in the Canary Islands a year ago is considering taking a civil action against Spanish authorities who, they claim, failed to adequately investigate the apparent murder.

Daniel O'Callaghan (24) was found dead with head injuries in a laneway close to the apartment where he was staying with three friends in Playa del Ingles, Gran Canaria.

While Spanish police questioned one man in connection with the killing, no one was ever charged, and the family says hundreds of potential witnesses in apartments at the murder scene were never interviewed.

Mr O'Callaghan, who managed a shop in Dublin's ILAC Centre, was apparently attacked on the first night of a week-long holiday with his friends in April 2003. After some weeks in intensive care, he died a year ago today.

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His mother, Ms Maeve Pomeroy, a physician based in Rathmines, said the family was considering taking a civil action against the Spanish police, or taking a case to the European Court of Human Rights, because of the response by the authorities to the killing.

"Despite the fact he was found lying in a pool of blood and unconscious with head injuries, they only cordoned off the site the next day, and never interviewed any witnesses at the time except for my son's three friends... Despite all our intervention, no honest attempt has been made to find out why our son died," Ms Pomeroy said.

"It makes me extremely angry and very disappointed that this could happen. I could probably accept it better if this happened in a third world country with little access to forensic science, and where there wasn't a commitment to investigating a death according to the European Convention on Human Rights, but Spain is an EU country and is a signatory to this."

Gardaí have been liaising with Spanish police regarding the case, although a spokesperson for the Garda declined to comment on the investigation yesterday.

Ms Pomeroy said the Garda had kept them informed about what little they knew, and it was hopeful the Department of Foreign Affairs could help.

Meanwhile, a special anniversary Mass will be held today for her son, and will be attended by a small group of family and friends.

"He had lovely qualities, he was very popular, very good to people, especially his two godchildren...In a social role he was more likely to act as a peacemaker... We don't know what happened. The effort hasn't been put in, and that's the most unforgivable thing."

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent