Minster for Justice Michael McDowell has made a last-minute agreement to assist a family with legal costs at the inquest into the death of a young man who died in Garda custody.
An amendment to the Coroners Act on December 21st has allowed for the Minister for Justice, "with the consent of the Minister for Finance, [ to] arrange for the granting of legal aid in proceedings before a coroner where a person has died in, or resulting from being in, State 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 bottoms. He was rushed to the Mater hospital by ambulance, but never regained consciousness. He died on September 16th, 2005. His family has questioned the circumstances of his death and claims he was mistreated while in a cell.
A compromise was also reached yesterday at Dublin City Coroner's Court between Mr Wheelock's family and the Garda Commissioner in relation to repeated requests from the family to make available his personal belongings for independent forensic examination in the UK.
While the gardaí will not release his clothes for transfer to the UK, the family's forensic experts are welcome to carry out their examination in the State Laboratory, the court heard. "We are happy to have found a middle ground with the family and are happy to facilitate their forensic team from the UK," said legal representative for the Chief State Solicitor, Marion Berry BL.
Legal representative for the Wheelock family, Seán Gillane, told the court his office had received a call from Mr McDowell's office in the "last three minutes" indicating his willingness to assist the family with costs at the inquest. Mr Gillane said he was now hopeful that financial aid from the Department of Justice will extend to meeting the costs of the forensic experts from the UK. While there was no reference to this from the Minister's office, "we hope to resolve this," he said.
Outside court, Larry Wheelock said he was "grateful" to the Minister for Justice for granting some financial aid as costs would otherwise be a huge strain on the family. He stressed that it was important for the family's forensic experts to examine his brother's clothes "as soon as possible because the longer it goes the less chance we have of getting answers".
The Wheelock family has organised a demonstration outside the Dáil on March 23rd.
The inquest will be briefly heard on April 6th before a date is set for a full hearing.