Inquest into death of man who took his life in Cork Prison adjourned over inadequate CCTV
Andrew Gearns, left, with his brother Evan. His family believe that with the right intervention and care, he may been saved, the court heard.
An inquest into the death of a man who took his own life while in custody in Cork Prison was adjourned indefinitely due to concerns over inadequate provision of CCTV footage.
Andrew Gearns, 29, from Model Farm Road in Cork, was “at a very low ebb in his life” when he entered Cork Prison in September, 2020. He died a few days later. His family believe that with the right intervention and care, he may been saved, the court heard.
Cork Coroner Philip Comyn raised concerns about why only a condensed version of CCTV from Cork Prison from the time of Mr Gearns' death was provided to the court.
Mr Comyn asked why the full 72 hours of CCTV footage from prison from the time of Mr Gearns' tragic death had not been provided.
He also asked whether risk alerts activated for Mr Gearns during earlier spells in prison - once after he described a previous suicide attempt - were provided to medics when he returned to prison for what would be his final sentence in September, 2020.
Elizabeth O’Connell, senior counsel for the family, supported by Alan O’Dwyer BL, and acting for Frank Buttimer solicitors, had raised concerns about the lack of CCTV.
“It’s a very worrying matter,” she said.
“Andrew Gearns was 29 years' old when he was taken into Cork Prison on 23 September, 2020.
“When he went in he was undoubtedly, tragically, a heroin addict.”
She said Mr Gearns had a history of drug taking since 2016 but that it “deteriorated tragically” in 2018.
He had achieved his Leaving Certificate in Bishopstown, had a “very committed, long-term partner” and two children.
But his life had begun to unravel.
He was taken into prison “while he was at a very low ebb in his life” and his family “question could he have been protected and saved?” His family believe that with minimal care, and probably some psychiatric support, he likely could have been saved, Ms O’Connell said.
“He should have been given a chance, he should have been given protection.”
She said CCTV footage of the 72 hours around Mr Gearns’ death should have been provided, but that only a limited amount of CCTV “post-red alert’ after Mr Gearns had been found was made available.
She also said doctors who tended to Mr Gearns while in prison should be available to the court to answer questions about his care.
She said the family had questions and concerns about what medicine was or was not prescribed to Mr Gearns.
Ms O'Connell said he was vulnerable. He had been hallucinating and suffered at least one brief psychotic incident while in prison.
Helen O’Driscoll BL, for the State, said CCTV would not show what happened in the cell — only what happened in the corridor, so would not answer Ms O’Connell’s questions.
She also said three nurses who tended to Mr Gearns in prison were available to the court and they could answer questions about his medication. She said some 40 people were on the witness list.
Ms O'Driscoll said CCTV was sent in June but it was only viewed by lawyers for the family last week and should have been viewed and dealt with sooner if it was believed to be so critical for the case.
Ms O’Connell said the family would prefer to delay the inquest than continue without the CCTV.
“We were first told that the 72 hours [of CCTV footage] wasn’t available…now it may be available. Since 2nd of September we’ve had four different positions [on the CCTV footage].”
Mr Comyn said he was “less than impressed” that the case had “taken this long".
“The reason we are here today is to carry out a proper investigation into the death.
“Now we know that 72 hrs [of CCTV] is available, I think we have to be fair to everyone, especially the family, and Ms O’Connell must be given the chance to view the 72 hours of footage.
“I’m going to have to adjourn the matter.”
Mr Comyn said he wanted certain issues addressed.
He said when a death occurs in prison, the 72 hours of CCTV from that time is retained. He asked how that 72 hours of footage was condensed to just some time following the "red alert" when Mr Gearns was discovered.
How had the situation arisen that that 72 hrs of CCTV was suddenly condensed down to the version supplied, he asked.
“I wasn’t aware of such a practice and would not have agreed to such a practice.
“It’s like writing to hospital, asking for records and they decide what to give you. I want to understand how they arrived at that. This is an issue that probably goes further than this actual case.”
The second issue he raised was about questions surrounding risk alerts raised about Mr Gearns’ mental health.
He asked why copies of risk alerts were not made available.
“I was informed that they were no longer available. Why were risk alerts not available?
“I would have thought it was an electronic record and something that should be available.”
Mr Comyn noted Mr Gearns had been entered as being of "high risk" on a number of occasions.
Ms O’Dwyer noted he had told medics of a previous suicide attempt.
“One of the things I want to know is what was available to the nurse in previous interviews? We have a number of risk alerts, each with ‘high [risk alert level]’ on it. Are they available?”
It was agreed that this would be checked with both the Prison governor and with the prison service.
Some 12 member of Mr Gearns’ family and friends attended court, including his parents, grandparents, brother Evan and bereaved partner Amanda O’Callaghan.
Evan Gearns told the the family was angry about delays but wanted the inquest to be done properly.
“It’s a disgrace that CCTV is still missing. Families should not have to go through this,” Mr Gearns said.
“The State should have everything in order, not handing over partial CCTV. There were also missing statements.
“As a family, we’re going to hear terrible things. It’s torture waiting. Now we’ll probably be waiting another year for it.
“Andrew was very loved. He just went down the wrong path in life.”
His family had spoken out before about the unacceptable delays in the understaffed and under resourced Coroner’s Court.
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