DPP urged to reconsider murder charge over fatal school fight

The Director of Prosecutions was today asked to reconsider its decision to drop a murder charge against a man involved in a fatal school gate fight with a retired Co Down grandfather.

Sixty-three-year-old retired machine operator Clint Donnan died from a blood clot on the brain three hours after being involved in an altercation with James Faulkner, now 46, in December 2002 outside Portavogie Primary School.

Coroner Deborah Malcolm said at the Belfast inquest into the death that on the “balance of probabilities” she considered a blow from Mr Faulkner was responsible for Mr Donnan’s death.

She said while Mr Faulkner denied having hit the older man, witnesses saw punches being thrown by both men and though they might not have actually seen Mr Faulkner land a blow “the implication is that there were punches that did strike Mr Donnan”.

She also rejected evidence given to the inquest by Mr Faulkner yesterday that he walked back to his car to find Mr Donnan blocking his entry to the driver’s door.

She said she preferred to believe witness evidence that Mr Faulkner had been in the car and had opened the car door hitting Mr Donnan in the face.

She said Mr Donnan had told at least four people of being hit in the head by the car door before the fight started.

The dispute had been over parking problems outside the school – a not unusual problem – said the coroner.

But she added: “It is sad that on this occasion two grown men were engaged in a fracas at the entrance to the school with children around.”

It was not surprising that both men had later “recognised the stupidity of what they were involved in” and had gone to apologise to the headmistress.

The coroner agreed to send a copy of her findings to the DPP at the request of solicitor Tony Caher who appeared for the Donnan family at the inquest.

He said the decision of the DPP not to prosecute had been taken at an early stage . “They did not have the benefit of the evidence yesterday. I would ask if you would consider passing on your views and findings in this case to the DPP for them to reconsider their decision not to prosecute.”

Speaking after the inquest Mr Donnan’s daughter, Karen Bunting, said she was now “very hopeful” Mr Faulkner would be charged over the death of her father.

“It has been horrendous for all of us. We have been fighting this for the past two years. We were very devastated when the DPP decided not to take the case forward. We disagreed with the DPP that there was no case to answer and the police, as well, were astonished when they were told there would be no case.

“I think it was the punches to the head that killed my father – I don’t think, I know.”

The inquest heard Mr Faulkner had a violent past with a string of convictions and had been jailed for rape, robbery and assault.

“It was obvious to me yesterday that Mr Faulkner was lying and has not been telling the truth all the way through,” said Mrs Bunting.

She said her mother Isabel Donnan, had been so devastated by the death that she had been too ill to attend the inquest.

“It has been two years of sleepless nights. It has been horrendous for the family. My mother lives opposite the school where it happened and it is a daily reminder.”

Mr Faulkner left the court immediately after giving his evidence yesterday and was not present to hear the case was being referred to the DPP again.