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Justice for Adrian: 'This could be your son next time': A Father on Hunger Strike at Dail today national |
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news report
 Tuesday June 10, 2003 19:45 by 4wolfatad
 I remember this story vaguely and the footage which I think was shown on TV. Didn't know the whole thing was dropped by the public prosecutor. I don't have the guys full name or his fathers name. Just this which his father was handing out at the Dail today. He is hungerstriking to draw attention to this. If anyone is nearby maybe they could speak to him and get an update and his and his son's full names and contact details for anyone who might want to offer support. I think he needs it as the Info had no phone number or anything on it. Anyoune else know or remember details about this. Justice for Adrian: This could be your son next time CCTV Footage on 25th/26th f March 2001 witnessed our son Adrian being dragged by bouncers through the exit doors of Sidetrax Nightclub in Cork, where he was brutally assaulted. He was put face down on his stomach; he was then knelt on with his hands pinned behind his back. This subsequently lead to his death. The Post Mortem recorded Death by Asphyxia. Gardai conducted an investigation and a file was sent to the DPP. For reasons unknown the DPP decided there was to be no prosecution. An Inquest conducted by Cork City Coroner, Dr Myra Cullinane was abruptly halted following a change in the cause of death made by Dr. Marie Cassidy after the video footage was made available to her. The cause of death was subsequently altered to Restraint-Asphyxia. When asked if CPR had been administered would it have saved ur sons life, she stated that it was possible. From evidence available to us we are aware that at least one of the buncers involved was trained to give CPR but did not do so. The Gardai who were called to the scene prior to calling an ambulance failed to administer CPR, and failed to place him in the recovery position. Instead they chose to place HANDCUFFS on our son while he lay dying. The Cork City Coroner promptly referred the file back to the DPP. but again the DPP ruled that there was to be no prosecution. The video footage has been given to many public representatives. Their response is: We cannot understand why there is n prosecution by the DPP. All of this can be seen from the video footage, and you wonder why we are angry at no prosecution. What we as a family also cannot understand - If the State Pathologist is so important in a Murder Investigation - Why then is her evidence disregarded by the DPP like it was in our sons case? We are now demanding a public enquiry. |
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Comments (10 of 10)
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likely and conspiratorily
well the cops could claim that they didn't realise he was so hurt
why did they not even go after the bouncers,specifically ?
Hmmmm......
I 've been trying hard but actually I don't see too much difference ..... formally and legally speaking yes ..... but in substance, I wonder ?
After all what is a bouncer if not an aspiring or failed Garda .... what is a Garda but a "bouncer" in a State uniform .....
Anyway the point is:
JUSTICE IN IRELAND STILL HAS HER ARSE TURNED TOWARDS THE CITIZENS (check out the statue of justice at Dublin Castle .....)
I THINK YIZ KNOW WHAT I MEAN .......
There were deep cuts on his wrists from handcuffs. He also had a bight mark on his arm.
I didn't realise bouncers used handcuffs? With the event captured on two videos and witnessed by 70 people it is incredible to believe no charges were brought. For instance a non-Garda bouncer, on the word of two witnesses, was given a year in jail for breaking a US tourists leg.
Reichfurher for justice McDowell was in the Dail Bar and didn't even bother appearing to the family of the deceased or to elected representatives who are questioning the Garda investigation into this killing.
It all goes to show that Americans are DIFFERENT .....
Yes sir, feign a Yankee drawl and the wee officials of the Free State will be crawling all over ya to show ya how "democratic" we all are .....
Speak with an Oirish brogue and ye'll get a crack of the whip ye fockin' peasants .....
Ah just like the good old days under the British Crown ......
Hardly surprising that MrDoodles grandfather gave the countermanding order in 1916 ......
Plus ca change .......
If this poor lads father was some rich fat bastard or a lawyer or high professional who knew a judge you can bet there would have been charges. But no the owner of a sleazy night club is the important person here while the average joe soap is a person non grata. We have seen it all before so many times. But what is there to do? If anyone knows more details please post them, Id love to sign a petition, write the the facist mc duail and express my disgust at the treatment this poor lad was given, its shameful. Fair play to his Dad for taking them on.
The son's name is Adrian Moynihan. He was 23 years old when he and a friend were refused entry to Sidetrax nightclub in March 2001. Adrian ended up throwing a punch at one of the bouncers. He was grabbed and dragged into a small room inside the nightclub where there are no CCTV cameras. What happened inside is not known, but the bouncers admitted they put Mr Moynihan face down on the ground, pinned his arms behind his back and knelt on him before calling the Gardai. When the cops arrived they handcuffed him, but noticed that he was looking unwell and called an ambulance. He died that night of a condition the Assistance State Pathologist described as "restraint asphyxia". This means that the asphyxia was caused by him being violently restrained by the bouncers. The DPP decided not to bring any charges.
I may be mistaken, but when I lived in Cork there were rumors that Slimetrax was a front for one of the citys major criminal families..
Corrupt cops? Never.
Bully boys in uniform, boggers given free reign, criminal actions legitimised, all under Bertie's reign.
Hes just a neo-liberal, today that is no shame, being a willing tool, of the almighty USA.
It only takes some voters, local elctions are next year, to send those sods a message, politics is no carreer.
With regard to the Garda Síochána, the Minister understands that a number of complaints have been received regarding the activity referred to in the motion, but, regrettably, Garda investigations have so far failed to gather sufficient evidence to support a prosecution against any individual. Any resources required to attend to any matter brought to the attention of the gardaí are being made available.
As the Deputy will appreciate, the Minister has no function in the investigation and prosecution of offences by the Garda Síochána, and he is therefore not in a position to ensure, as the Deputy requests, that any particular individuals are arrested or prosecuted. The Minister has been assured, however, that the gardaí are continuing to monitor the situation and any further action required will be taken in consultation with the other agencies with responsibilities in this area including, in particular, Dublin City Council.
Garda Investigations.
Mr. Allen: I understand that the Minister of State has expressed his regret that the Minister for Justice, Equality and Law Reform is not here but when dealing with such a serious issue, I expected the Minister to listen to what we have to say when we ask for a ministerial inquiry into this incident. I acknowledge the presence of Deputies Lynch, O'Flynn and Dan Wallace, a demonstration of the importance attached to this serious incident. I wish to share a minute of my time with Deputy Lynch.
On 27 February 2002, I raised on the Adjournment the matter of a tragic incident that occurred on 26 March 2001. Two parents were woken from their sleep and by two gardaí and told they would have travel to the South Infirmary Hospital in Cork because their son, Adrian, had been involved in an accident. Unfortunately, before they left home to go the hospital, they received further information that their son had died as a result of an incident that had occurred inside and outside a night club in Cork.
The following day two detectives arrived at the Moynihan home and told the family that the gardaí had taken two videos of evidence from the club where the tragic incident had occurred and had taken the names of 200 people who were in the club. The gardaí said they would contact the family again as soon as they had more information.
On Saturday, 31 May, the family read in the Irish Examiner that three men had been arrested by the gardaí in connection with the incident. Weeks went by and the family inquired as to how the case was progressing. They were told by a senior Garda source that the Garda was still taking statements and that the best thing for the family to do was to leave it to the Garda and not to talk about the case or refer to the three people who had been arrested as it might jeopardise the case. The family agreed to do this.
9 o'clock
Months passed and the family was telephoned to say the investigation was complete and that a file had been sent to the DPP along with 70 statements and two tapes of video evidence. The family had to wait until January 2002 when a garda arrived at the family home to tell Mrs. Moynihan, mother of the deceased young man, that the decision of the DPP was that there would be no prosecution on the grounds of insufficient evidence.
An inquest was held on Adrian Moynihan's death and was adjourned when the coroner requested the gardaí to return the file to the DPP for further consideration. This was done but, unfortunately, the DPP returned the file with a decision not to prosecute. The inquest has since been reconvened and on 6 May 2003 returned a verdict of misadventure. If time permitted I would repeat the six questions I posed on 27 February 2002, but I want to allow Deputy Lynch to contribute. I would appreciate if the Minister would address those questions.
This case is an example of what is happening in our cities and towns. A man is killed and the offence goes unsolved and those involved go unprosecuted. Why is a case such as this, a most serious case, shrouded in mystery and why is the family being kept in the dark? A "Prime Time" programme on RTE showed the incident where the young man was dragged alive from a Cork laneway into a nightclub and left that nightclub dead.
I ask the Minister for Justice, Equality and Law Reform to speak with the Attorney General and to ask or direct him to get an explanation from the DPP as the Attorney General is empowered to do as to why there is no prosecution. The DPP may be independent but there should be accountability. I ask also that the Minister carry out a full inquiry into this tragic event. Andrew Moynihan, the father of the late Adrian Moynihan, is on hunger strike on Kildare Street outside the gates of Leinster House and has stated he will remain there until such time as a full inquiry takes place into the circumstances of his son's death and the reason no action has been taken.
Ms Lynch: I thank Deputy Allen for sharing his time with me. To lose a child in whatever circumstance and no matter what age is the nightmare every parent dreads. The incident was recorded on video tape. The Garda stated there were at least 70 witnesses and yet there has been no explanation. Justice demands several things and we all look at it differently. Some look for revenge, others for their day in court but the Moynihans asked for none of this. They simply asked that the investigation into the death of their son would be conducted in a thorough and proper manner. They have no evidence as to whether the investigation was carried out properly.
We are here as Deputies representing the Moynihans and others in the constituency who are equally concerned about the events surrounding Adrian's death, to ask the Minister for Justice, Equality and Law Reform to approach the Attorney General and demand of the DPP the reason there is no prosecution. The Moynihans have stated that it does not have to be a charge of murder. No prosecution was preferred against anyone. They are entitled to an explanation which must come from the Minister for Justice, Equality and Law Reform.
Mr. Callely: As I indicated I am standing in for the Minister for Justice, Equality and Law Reform who would like to be present this evening but, unfortunately, was tied to an engagement already in his diary prior to this matter being raised on the Adjournment.
In addition to Deputies Allen and Lynch, I am conscious of the fact that a number of the Cork-based Deputies have expressed concerns in regard to this case. Deputies O'Flynn, Dan Wallace, Kelleher and Dennehy have also done so. In light of Deputy Allen's opening remarks I assure him the Minister, Deputy McDowell, will be briefed on tonight's Adjournment debate and, I have no doubt, he will be happy to speak with Deputy Allen on this subject if he so wishes.
Mr. Allen: If he could meet the five Cork North-Central Deputies it would be helpful.
Mr. Callely: I will consult with him and communicate with Deputy Allen on the issue if it would be helpful.
Mr. Allen: I thank the Minister of State.
Mr. Callely: I thank Deputy Allen for raising this matter on the Adjournment and for giving me the opportunity to extend my sympathies and that of the Minister for Justice, Equality and Law Reform, and of the House to the family of Adrian Moynihan, a young man who so tragically lost his life. The circumstances of his death can only add to the grief of losing one so young. The House will appreciate that the Minister is constrained as to what can be said about this or any individual case.
The Minister has been informed by the Garda authorities that a full and comprehensive Garda investigation was carried out into all aspects of this tragic case. The completed Garda investigation file was forwarded through the State solicitor to the Director of Public Prosecutions on 2 July 2001 for decision as to what prosecution, if any, should be instituted. The DPP issued directions on 9 January 2002 that no prosecution should be instituted.
The circumstances of Adrian Moynihan's death were subsequently the subject of an inquest which returned a verdict of death by misadventure. As the House will be aware, the purpose of an inquest is to establish the facts surrounding a death, place those facts on the public record and make findings on the identification of the deceased, the date and place of death and the cause of death. In accordance with the provisions of the Coroners Act 1962, a coroner is a statutory officer exercising judicial functions, in relation to which he or she is independent. It would not therefore be appropriate to comment further on the conduct of, or the verdict in, this case.
The Minister would, however, like to clarify that there is no conflict between the coroner for Cork city and the Director of Public Prosecutions. He has been informed that during the inquest into the death of the late Adrian Moynihan, on the basis of evidence given at the inquest, the deputy State pathologist, Dr. Marie Cassidy, altered her own deposition in relation to the cause of Mr Moynihan's death. In light of this, and in accordance with the law, the coroner adjourned the inquest to allow the Garda to have the opportunity of consulting with the Office of the Director of Public Prosecutions in relation to the new evidence. The Minister has been informed by the Garda authorities that the file was resubmitted to the DPP on 16 September 2002 for further consideration. On 24 January 2003, following a full review of the file, the director confirmed that his original decision should stand. While I appreciate the points raised in this debate I will consult with the Minister for Justice, Equality and Law Reform in the morning on the circumstances of the case and the points raised.
The prosecution of offences and the preparation and presentation of prosecution cases, are functions which are prescribed in law on the DPP. The director is independent in the discharge of his statutory duties. The House will therefore understand that it would be inappropriate for me or the Minister to comment upon any decision made by the DPP.
The Minister noted with particular interest the coroner's comments concerning the training and regulation of door security staff. The need for a proper regulatory system for the security industry has been apparent for some considerable time, and this need is addressed in the Private Security Services Bill which has been referred to the Select Committee on Justice, Equality, Defence and Women's Rights. The Bill represents a balanced and progressive response to the needs of the private security industry and the concerns of the public who increasingly come into contact with it on a daily basis. The Bill provides for the establishment of a private security authority to control and supervise-----
Mr. Allen: On a point of order.
An Leas-Cheann Comhairle: The time is just up.
Mr. Allen: I have been informed that the Minister for Justice, Equality and Law Reform is in the Dáil bar at present and surely he should be in here.
An Leas-Cheann Comhairle: That is not a point of order.
Mr. Gormley: I have come from there.
An Leas-Cheann Comhairle: The Deputy is not entitled to intervene.
Mr. Gormley: It is a mockery.
An Leas-Cheann Comhairle: The Minister of State to continue without interruption.
Mr. Gormley: I was told the Minister was not here and that he had a pressing engagement.
Mr. Callely: I assure Deputy Allen who raised this matter and Deputy Gormley that my understanding is that the Minister has an engagement-----
Mr. Allen: He is in the Dáil bar.
Mr. Callely: -----and would wish to be here. In fairness to Deputy Allen, may I be allowed to conclude.
Mr. Gormley: With respect-----
An Leas-Cheann Comhairle: Will the Deputy resume his seat.
Mr. Gormley: ----I saw him with my own two eyes.
Mr. Callely: On behalf of the Minister, I urge this House to enact the security industry Bill as quickly as possible. This is a matter in respect of which we can make a difference by bringing that law into operation. The Deputy's matter refers to the ever increasing incidence of violence in urban areas. Last month, the Minister was pleased to announce that he had received the approval of the Government to draft a new Intoxicating Liquor Bill. The Bill will amend the Licensing Acts 1833 to 2000 to respond to certain recommendations of the Commission on Liquor Licensing as well as to concerns outlined in the interim report of the strategic task force on alcohol. The proposed Bill will combat drunkenness and disorderly conduct by imposing stronger penalties for supplying intoxicating liquor to drunken persons in licensed premises. It will strengthen existing provisions relating to the maintenance of order and the prohibition on riotous behaviour and disorderly conduct on licensed premises. It is also proposed to prohibit certain promotional practices.
An Leas-Cheann Comhairle: The Minister of State should conclude as we are over the time.
Mr. Callely: A number of benefits will arise from the Bill. The proposed changes to the law which this Act introduces should assist the Garda greatly in restoring peace and order. In essence, the Act will reinforce the message that those who engage in the behaviour referred to will be dealt with quickly and effectively through the criminal justice system. The Minister is confident that the measures I have outlined to the House will prove to be effective in combating the problem of violence in urban areas.
Mr. Gormley: Where is the Minister? He should be here.
Mr. Allen: This is a tragic incident and the Minister has treated the House disgracefully by not being here.
The Dáil adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 11 June 2003.