Brothers ordered to attend inquest

A CORONER has ordered three brothers, who were cleared of charges linked to the death of a man following his ejection from a pub, to attend an inquest.

Cork’s city coroner Dr Myra Cullinane made the order yesterday after considering depositions from each of the men which were submitted to her office since the inquest into Anthony “Farmer” Hennessy was first mentioned last June.

Mr Hennessy, 40, died following an incident at the Mo Chúisle pub on Blarney Street in Cork on March 13, 2008. Three men were charged in connection with the death.

Tony Burns, of 19 Knockfree Avenue, Fairhill, Cork, Niall Burns, of 2 Glen Springs, Blackstone Bridge, Cork, and Terry Burns, of 40 Blarney Street, Cork, all in their 40s, were each charged with endangerment on March 13/14, 2008, at Blarney Street, Cork.

It was alleged they intentionally or recklessly engaged in the forceful restraint of Anthony Hennessy which created a substantial risk of death or serious injury.

They went on trial at Cork Circuit Criminal Court last November before Judge Seán O Donnabháin and a jury.

Terry and Tony Burns were found not guilty by direction of the judge. After a six-day trial, Niall Burns was found not guilty by the unanimous decision of the jury.

At the coroner’s court last June, Frank Buttimer, representing the three men, told Dr Cullinane that there was no need for his clients to give direct evidence to an inquest into Mr Hennessy’s death.

He said there was an “extensive and existing threat” to their lives and well-being, and that each of the men is the subject of civil proceedings instigated by a member of Mr Hennessy’s family.

However, Dr Cullinane told legal representatives yesterday that having considered the mens’ depositions, she is directing them to appear before her inquiry.

She said given that each of the men was charged in connection with Mr Hennessy’s death, she believes they have relevant evidence that would assist her inquiry.

“Depositions have been given but they are not sworn evidence,” she said.

She has now ordered that the three men appear before her court on January 27 when the inquest is expected to be heard in full. A bench warrant can be issued if a witness directed to appear fails to show.

Dr Cullinane also said gardaí have given her assurances that they will provide whatever security is needed to safeguard the safety of the men while in the coroner’s court.