Minister for Justice Michael McDowell has asked a senior counsel to review the file on the death of the baby whom Cynthia Owen claims was murdered in Dalkey 34 years ago, writes Miriam Donohoe, Political Staff.
The Department of Justice confirmed last night that Patrick Gageby SC has been asked to look at all available papers on the death of baby Noleen Murphy "to see if the public interest would require taking the matter further".
A spokesman for the Minister told The Irish Times that Mr Gageby has been asked to undertake a "scoping exercise", which will involve his going through the file and advising if there is the basis for an inquiry.
An inquest jury unanimously found on February 16th that the baby, whose body was discovered in a laneway in Dún Laoghaire, was Ms Owen's child.
Ms Owen said she gave birth to the girl at the age of 11 in 1973 and has claimed the pregnancy was a result of sexual abuse in the family home at White's Villas, Dalkey, south Dublin.
The jury at Dublin Coroner's Court also found that the infant had died at the family home in Dalkey and that the cause of death was haemorrhage due to stab wounds.
In the Dean Lyons case, in which a homeless drug addict "confessed" to and was wrongly charged with the murders of psychiatric patients Sylvia Shiels and Mary Callinan, senior counsel Shane Murphy reviewed the Garda files before the Minister decided to establish an inquiry under the Commissions of Investigation Act.
Last week Mr McDowell ordered a full report from the Garda into the handling of the baby Noleen case, saying he found it "profoundly disturbing".
He said there were a number of ways of inquiring into such matters. While he didn't want to engage in a "futile" inquiry, he said if something could come to light as a result of a proper inquiry, he would be happy to endorse it.
Ms Owen last week called on Mr McDowell to "act promptly" and to investigate the handling by gardaí of the murder in 1973.
She said in RTÉ radio and television interviews last Friday that she had finally found peace but could not find happiness until a full public inquiry was held.
"I would like to see someone now taking responsibility and looking into this properly. The authorities have been aware of my concerns for a long time and I would like to think that they'll now take this case seriously and that they will get involved."
When contacted last night and told that Mr Gageby has been asked to review the case, Ms Owen's solicitor, Gerry Dunne, said "any developments are welcome", and that he and his client would wait to hear from the Minister. He said he had written to Mr McDowell last week and was awaiting his response.