Family of Cork man who died after nightclub incident seek Attorney General meeting over fresh inquest

They feel that a verdict of unlawful killing should have been an option in the 2003 inquest into Adrian Moynihan's death

Adrian Moynihan's family protest at the inquest into his death in 2003. File picture: Maurice O'Mahony

The family of a Cork man who died following an incident at a Cork City nightclub almost 25 years ago are seeking a meeting with the Attorney General to seek a fresh inquest into his death.

Adrian Moynihan, a 23-year-old apprentice mason from Ballincollie Road in Ballyvolane, died on March 26, 2001, following an incident at the Sidetrax nightclub in Cork City.

An inquest in 2003 found he had died of asphyxiation arising from the manner in which he was restrained at the club.

The jury delivered a verdict of death by misadventure, after the matter had been adjourned to allow the Director of Public Prosecutions (DPP) consider the opinion of state pathologist Dr Marie Cassidy.

The DPP, having previously considered a garda file, decided no one should be prosecuted in relation to the death.

Mr Moynihan’s family attended a meeting with the justice minister Jim O’Callaghan recently as part of a campaign for a fresh inquest. They feel that a verdict of unlawful killing should have been an option in the 2003 inquest into the death.

Adrian’s brother Alan says the impetus for getting justice for Adrian has increased because of the approaching 25th anniversary of his death.

The family has also asked Fiosru, formerly the Garda Siochana Ombudsman Commission, to look at the garda handling of Adrian’s death. Alan said: “In March, it will be 25 years. This has been ongoing forever.” 

The family has also previously written to Taoiseach Micheál Martin to seek his support, as well as to Tánaiste Simon Harris after he made an apology to the families of the Stardust victims' families in the Dáil. That followed a verdict of unlawful killing in the inquest of 48 people who died in the nightclub fire in 1981.

In 2004, Adrian’s father, Andrew, went on hunger strike outside the Dáil to highlight the case. He wanted to secure a public inquiry into Adrian’s death.

His mother, Lily, also contested the 2004 European Parliament election to raise awareness of the family’s campaign for justice.

Review

The case was one of more than 200 looked at by the seven-member Independent Review Commission to establish if it should be referred to the Garda Siochána Ombudsman Commission or to an existing commission of inquiry examining complaints by garda whistleblowers. 

But no action was taken. According to gardaí, the investigation into his death remains open.

A spokesman for the Department of Justice said Mr O’Callaghan met with the family on January 16 in Leinster House at the request of TD Ken O’Flynn. 

He sympathised with the Moynihan family, but explained as justice minister, he is legally and constitutionally unable to intervene or direct the DPP or gardaí, the spokesman said.