Stardust fire investigation amounted to 'State-sponsored cover up', preliminary hearing told

Suzanne Keegan, Lorraine and Antoinette Keegan whos sisters Mary (19) and Martina (16) died in the blaze. Relatives of those killed and injured in the Stardust fire in north Dublin 40 years ago have spoken of their hope that a new inquest can answer their questions about how and why the tragedy happened. Picture: Karen Morgan

A pre-inquest hearing concerning the Stardust nightclub tragedy in which 48 people died has heard that the aftermath of the 1981 fire amounted to a “State-sponsored” cover up.

Solicitor for 44 of the affected families Darragh Mackin told Dublin Coroner’s Court that “these families who have fought for 39 years have met obstacle after obstacle, in what we will say was a State-sponsored effort to cover up what happened”.

Mr Mackin had taken the opportunity at the end of the 50-minute hearing, the first action in the lead-up to a new coroner’s inquest into the tragedy, to make a number of submissions on behalf of his clients.

He commended the court for the “dignified and personal” way in which the hearing had been conducted, after the early part of the hearing saw all 48 names of the deceased read into the record before the court stood in unison for a minute’s silence.

He further commended the coroner, Dr Myra Cullinane, for accepting his team’s contention that “pen portraits” of each of the victims be considered at the inquest.

Such a system had been used at the inquiry into the deaths at the Grenfell Tower fire in London in June 2017, Mr Mackin said, with a purpose of ensuring “each family will have the opportunity to show that these were 48 mothers, brothers, fathers, sisters, friends”.

The significance of pen portraits is it puts the families at the very centre of the process.

Continuing his submissions, Mr Mackin said the inquest would be hearing evidence that had not been heard before, including from the “family of a fireman who was intimidated” as to what would happen if he spoke out.

“We will hear from a community which was criminalised, with the only allegation being from where they came,” he said.

“There are two core principles,” he said, regarding the new inquest. 

“First is the fundamental principle of access to justice, and then there is open justice in ensuring that all documentation can be seen. Up to now this has been a case of hear no evil, see no evil, speak no evil.” 

“Today is a significant momentous step in this campaign for justice,” Mr Mackin told the court. 

“It draws a line in the sand of the previous failed investigation, and it marks a line showing the way forward. We’re confident that today marks a start on the road to justice for these 48 people.” 

Dr Cullinane said that today’s hearing is likely to be the first of many such pre-inquest dates in order to deal with a number of issues, they being: the identification of the parties with proper interest in the proceedings, the matter of civil legal aid, the discovery of documentation, the witnesses to be heard at the inquest (including expert witnesses), a provisional scope of inquiry, and inquest preparedness and timetabling.

The inquest proper is not expected to begin before the middle of next year, and it may take place before a jury, she said.

Today’s hearing dealt with the first three of those issues. Dr Cullinane said that the interested parties include the family members of the 48 victims, Mr Eamonn Butterly who was manager of the Stardust at the time of the fire, Dublin Fire Brigade, Dublin City Council, and An Garda Siochána.

In terms of access to legal aid, she said that the pre-inquest hearings are likely to be “lengthy and complex” and granted access to legal representation to the family members “where it may be of assistance”.

Mr Mackin further contended that representation should amount to the retention of both junior and senior legal council, which was accepted.

“I’ve certified to the legal aid board each family which has been bereaved,” Dr Cullinane said. 

“Those who have not availed of it yet are still in a position to do so.” 

Regarding the issue of documentation, she ruled that electronic disclosure will be used to access all relevant documents given the “anticipated volume”. 

Families gathered at Dublin Coroner's Court this morning ahead of a preliminary hearing later this afternoon. Forty-eight people died and more than 200 were injured when the blaze broke out in the Stardust nightclub in Artane on St Valentine's night in 1981. Picture: Karen Morgan

Access for family members will be available via the inquest’s dedicated website with a secure personal login, she said.

“No part of this inquest will be to adjudicate on any findings of any previous investigation,” she said. 

“These will be entirely new coroner’s inquiries."

The hearing heard that, in recommending new inquests, former Attorney General Seamus Woulfe had contended that previous investigations had not “sufficiently explored the cause or causes of the fire, if at all”.

“It was clearly the intention of the Attorney General that ground will be covered in this inquest that was not covered previously,” counsel for the coroner, Simon Mills SC, said.

It emerged that only one person who died as a result of the Stardust fire, Susan Morgan, was not represented at the hearing, due to efforts made to contact her family being unsuccessful.

“I would hope that we can go forward in a positive manner and not look back on what has gone before,” Dr Cullinane said.

Further hearings are likely to take place in a larger environment to facilitate the attendance of family members, who observed today’s hearing via video link. The expected venue for those hearings is Dublin Castle.

The next hearing will take place in approximately six weeks time.