Three pathologists to give evidence on Brian Murphy death
Three pathologists are to give medical evidence at a preliminary hearing of the inquest of student Brian Murphy after controversy arose surrounding his cause of death, it was ruled today.
In an unprecedented move, Dublin City Coroner Dr Brian Farrell said he would allow reports from three experts be presented at a hearing on the case of the student, who died after an assault outside Club Anabel in Dublin’s Burlington Hotel in August 2000.
The 18-year-old’s parents Denis and Mary Murphy contracted Northern-based forensic pathologist Dr Derek Carson to carry out an independent review of the evidence after differing causes of death were given by former state pathologist Professor John Harbison and his successor, current State Pathologist Professor Marie Cassidy.
Dr Farrell said he will decide following the preliminary hearing, which will not be heard in front of a jury, what medical evidence will be admissible for the full inquest.
The move followed legal argument that found the coroner has the power to hear from an expert witness who did not carry out a post-mortem exam.
“This situation is unprecedented in my experience,” said the coroner.
“We will question the medical cause of death and issues to be put before the jury on the second day.
“Depending on the issues arising on the first day in the absence of the jury I might have to take a decision in relation to the DPP case.”
At a previous sitting, the coroner said it remained to be determined whether or not the coroner has the power to hear from an expert witness such as Dr Carson as he did not carry out Mr Murphy’s post mortem.
Dr Harbison, who carried out the post-mortem examination on the student’s remains, said blows were delivered with considerable force, caused swelling in the teenager’s brain, which resulted in death.
Dr Cassidy’s examination of the student’s death found his head injuries were relatively minor, finding the more likely cause of death was alcohol-induced apnoea.
The varying opinions of the pathologists were partly attributed to the failure of the trial of Dermot Laide for the student’s manslaughter to go ahead last April.
The Director of Public Prosecutions entered a nolle prosequi in the case.
It was also understood the poor health of Dr Harbison was a factor as he was too sick to give evidence.
Dr Harbison will not have to be present at the preliminary inquest hearing on Thursday, March 29, but as the pathologist who carried out the autopsy his evidence will be read and placed on the record.
Dr Farrell said Dr Cassidy would take the stand in relation to how she reached her conclusion and what materials were used and Dr Carson’s evidence could be put to her.
He added that Dr Carson, whose report has already been submitted to the Coroner’s Court, could also assist the family in questioning Dr Cassidy.
Mr and Mrs Murphy and the dead man’s sister Claire were in court for the short hearing.
Remy Farrell, barrister for the Murphy family, said a request has been made to the Department of Justice to cover Dr Carson’s expenses.
