FG TD calls for inquiry into Moynihan death

Fine Gael TD Bernard Allen has called on the Minister for Justice to set up an inquiry into the death of Adrian Moynihan outside a Cork nightclub two years ago.

Gardaí launched a murder inquiry after Andrew Moynihan's 23-year-old son, Adrian, died of asphyxia after a struggle with bouncers at the Sidetrax nightclub in March 2001.

Mr Allen said: "Will the Minister for Justice carry out an inquiry into the fatal incident, especially in view of the conflict that has arisen between the Cork City Coroner and the DPP because of the DPP's

decision not to prosecute?

"On February 27, 2002, I raised on the adjournment a tragic incident that occurred on March 26, 2001 where two parents were woken from their sleep and told that they were wanted in their kitchen by two gardai.

"They were told that they would have to travel to the South Infirmary Hospital in Cork because their son, Adrian Moynihan, 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 occurred outside and inside a nightclub in Cork.

"The following day, two detectives arrived at the Moynihan home and told the family that the gardai had taken two videos of evidence from the club where the tragic incident had occurred and had also taken the names of 200 people who were in the club.

The TD continued: "The gardai said that they would contact the family again as soon as they had more information.

"On Saturday, May 31, the family read in the Irish Examiner that three men had been arrested by gardai in connection with the incident.

"Weeks went by and the family enquired as to how the case was progressing and they were told by a senior garda that they (the gardai) and that the best thing for the family to do was to leave it to the gardai 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 so.

"Months went by and the family were telephoned to say that 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 the mother of the deceased young man that the decision of the DPP was that there would be no prosecution on the grounds that there was insufficient evidence.

"An inquest was held into Adrian Moynihan's death and was adjourned when the coroner requested that the gardai would 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.

Mr Allen said: "This case is an example of what is going on 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 most serious case shrouded in mystery and why are the family being kept in the dark?

Andrew Moynihan, the father of the late Adrian Moynihan, began a hunger strike today at the gates of Leinster House.

He said he will remain there until a full inquiry takes place into the circumstances of his son's death and the reasons why no action has been taken against those who were involved in the incident.