Sister claims family not being afforded fair procedures in inquiry into brother’s death

By Ann O’Loughlin

The sister of a man whose body was taken from the River Liffey in 2008 claims her family are not being afforded fair procedures in an official inquiry into the garda investigation into his death, the High Court has heard.

The body of 24-year-old John Kelly, from Tallaght, Dublin, was recovered from Britain Quay on October 16, 2008.

His family campaigned for an inquiry into his death and last May, then Justice Minister Frances Fitzgerald appointed former High Court judge, Daniel Herbert, to head an inquiry.

It was to look at, among other things, the content and significance of information provided by the gardai in relation to the injuries of Mr Kelly and the condition and whereabouts of his clothes, along with any forensic examination of those clothes.

The inquiry was also to look at any testimonies given by witnesses to the death and the response of gardai to emergency phone calls surrounding the death.

Today Mr Justice Donald Binchy granted Michael Lynn SC, for Mr Kelly’s sister Emer, permission to bring judicial review proceedings challenging the procedures of the inquiry. The application was on a one-side only represented basis.

Ms Kelly claims the family have been given inadequate notices of witnesses being called by the inquiry.

They got 24-hours notice that a doctor who was to give evidence and were unable to attend to cross examine him, Mr Lynn said.

The doctor’s evidence was not taken and when the re-arranged sitting to hear him was to take place, they got just two days notice, he said.

The challenge was being brought on the constitutional right to fair procedures grounds and under the European Convention on Human Rights entitlement of right to life, counsel said.

Mr Justice Binchy granted leave to bring proceedings but said he would not grant an order halting the inquiry until he heard from the other side.

He adjourned that matter to next week.