Stardust owner launches judicial review ahead of inquest into 48 deaths

Stardust survivor, Antoinette Keegan (front left); Sinn Fein senator, Lynn Boylan; supporters, and families of the Stardust in Buswells Hotel press room to launch the Stardust Inquest Jury Bill. Picture: Gareth Chaney/ Collins Photos

The man who ran the Stardust nightclub in Dublin has launched Judicial Review proceedings ahead of the upcoming inquests for the 48 people who died in the 1981 tragedy.

Solicitors for Eamon Butterly filed papers to the High Court yesterday, which comes in the wake of coroner Dr Myra Cullinane ruling that unlawful killing would not be ruled out as a possible verdict at the inquests, which have still yet to get fully under way.

O’Scanaill & Company Solicitors, who represent Mr Butterly, had lodged a submission with the coroner for unlawful killing to be precluded as a possible verdict at the inquests.

At a hearing earlier this month, counsel for the families argued against this submission.

Paul O’Higgins SC, for Mr Butterly, at the hearing indicated his client may challenge the constitutionality of the inquests if such a potential verdict wasn’t ruled out.

He said that the evidence to be heard at the inquests could “in another setting have a bearing on issues of civil and criminal liability”, and that inquests were precluded from examining such issues.

Candles and flowers placed outside Leinster House in Dublin by relatives of the 48 victims of the Stardust nightclub fire in Dublin on Valentine's day in 1981.

Sean Guerin SC, representing the majority of families, said “these inquests are not about Mr Butterly, the verdicts won’t be either … the inquests are about the victims and how they died”.

Desmond Fahy QC, for the families of victims of the fire, had said the families he represents were now concerned at the potential delay to proceedings arising from these matters “at the 11th hour”.

“There is no proper reason why we can’t get to those inquests that the families have been waiting for for so long,” he said.

In her ruling on the matter last week, Dr Cullinane said that it was not in her power as a coroner to investigate allegations of civil or criminal wrongdoing.

“Although it is both my power and my duty to investigate acts or omissions which might in other settings be consistent with such allegations,” she said.

“Contrary to Mr Butterly’s submissions, I do not believe that it is either necessary or appropriate in these circumstances to take the further step of saying that no verdict of unlawful killing is available."

Directions will be given to the jury at the opening of the inquests, at the closing before they retire to consider their verdict, and possibly at other points. 

"If submissions are necessary from the relevant legal teams in relation to such directions, I will hear them.” 

The case now taken by Mr Butterly in the High Court is against Dr Cullinane, the coroner for the Dublin district, the Attorney General, and the State.

Two weeks ago, a vigil was held by families and survivors of the Stardust fire at the former site in Artane, north Dublin.

Families had long campaigned for fresh inquiries into the deaths of their loved ones and, in September, new inquests were granted by the Attorney General.

The next pre-inquest hearing is due to take place on March 11.

Sinn Féin Senator Lynn Boylan was sharply critical of Mr Butterly for bringing the judicial review case.

“The families of the Stardust victims have waited 41 years for answers to what happened that awful night," she said. "This last-ditch attempt by Mr Butterly to delay that happening is unbelievably callous.

“Mr Butterly, like all parties to this inquest will have an opportunity to set out very clearly before a jury their version of events on the night in an open and transparent manner in the Coroners Court."