We have to find out who took Adrian Moynihan’s life

SIMPLE justice in this country is not so simple. Ask Andrew Moynihan.

He is the man who had to go on hunger strike outside the Dáil to try to convince someone, somewhere, in the legal system that someone has to be responsible for the death of his son Adrian at a Cork nightclub.

So far, all he has got is an apology from Minister for Justice Michael McDowell for being in the bar of the Dáil while the circumstances of his son's death were being discussed in the national parliament, and the promise that a letter undertaking to look into the matter is in the post.

Oddly enough, according to Taoiseach Bertie Ahern, the minister did not know Mr Moynihan was in the Dáil when his TD, Bernard Allen of Fine Gael, raised the issue.

And it was extraordinary, too, that the minister did not even realise the dead man's father was on hunger strike outside the Dáil. That, said the Taoiseach by way of a major understatement, was a "matter of deep regret".

It was considerably more than a matter of deep regret. It was a shabby treatment of an unfortunate man who was so distraught at the fact that his son could be killed and nobody held responsible for the act, that he had to take drastic action outside our national parliament.

Are there so many huger strikes outside the Dáil that it was something not even worth mentioning to the Minister for Justice? He was in the bar at the time and I find it absolutely incredible that the man was oblivious to what was going on at the gates.

Maybe nobody talks to him.

Michael McDowell certainly knew the issue was to be debated in the chamber as he had arranged for a prepared statement to be read out by a stand-in as he had a prior appointment to attend.

When that appointment was later cancelled, he adjourned to the bar instead of attending the debate and dealing with the issue as the senior minister, and he was available to do so.

Fine Gael leader Enda Kenny did not overstate the case when he said in the Dáil that "this matter goes to the heart of Irish democracy".

"He (Mr McDowell) chose not to come in here to answer a sensitive and important matter. This is not the first time this has happened with this government. This is now the most arrogant government we have had in 30 years."

He said Mr McDowell should explain why justice had not been done in the case, describing the treatment of the matter as "contemptuous".

Subsequently, the minister met Mr Moynihan who has now suspended the hunger strike pending the receipt of a letter from the minister undertaking that the matter would be further investigated by him.

The Taoiseach quoted the Justice Minister as saying he will be speaking with the Garda authorities about the case.

Andrew Moynihan went on hunger strike to protest about the lack of any prosecution in relation to his son's death and to get the government to set up a public inquiry into the circumstances surrounding it.

The 23-year-old died following a row with bouncers at the Sidetrax nightclub in 2001.

While three men were arrested in relation to the death, the Director of Public Prosecutions (DPP) dropped the case because of insufficient evidence. The case had been referred back to the DPP by the Cork city coroner, but the DPP's office decided no charges should be brought.

Andrew Moynihan said CCTV footage showed that Adrian was dragged inside the nightclub and died as a result of a brutal assault. Nobody has been convicted over the incident.

Originally, deputy state pathologist Dr Marie Cassidy told an inquest that it was her view that the deceased died from asphyxia, or suffocation, due to compression of the neck.

Importantly, she gave that opinion before she had seen video tapes and heard any evidence. When she had, she changed her opinion to one that the cause of death was due to "restraint asphyxia".

"There is evidence that Mr Moynihan had been restrained lying face-down and this would have restricted his chest movement and breathing. Also, his arms were pulled behind his back, accelerating the asphyxiation process," she told the inquest.

One thing is sure from that: although he contributed to it by struggling, Adrian Moynihan was not responsible for his own death. So who was?

The jury at the inquest returned a verdict of misadventure, which can be construed as accidental death not due to crime or negligence. They arrived at that decision after deliberating for half an hour.

It is not within the remit of an inquest jury to apportion blame, only to arrive at the cause of death, but the 30 minutes it took them to reach this decision seems to have been exceptionally fast.

Obviously, the Moynihan family do not believe the death of their son is such an open and shut case. They are considering a High Court action to challenge the inquest verdict.

Neither does Bernard Allen, who battled for a month to have the issue raised in the Dáil.

Neither do Fianna Fáil TDs Dan Wallace and Billy Kelleher who have asked the Attorney General to intervene in the case, under the Prosecution of Offences Act, 1974, which allows the AG consult with the Director of Public Prosecutions.

The Taoiseach said in the Dáil that Mr McDowell would now meet garda authorities to discuss the investigation into the man's death. But he said he could not interfere with any decisions made by the Director of Public Prosecutions.

That is quite proper because of the independence of the office of DPP and the fact that it should be protected from political interference.

However, apart from the important fact that the Moynihan family are totally unhappy with the outcome, there is the broader public concern to be considered, which is that justice remains to be seen to be done in this case.

Bertie Ahern said the minister believed there was no conflict between the coroner and the DPP.

The coroner, Dr Myra Cullinane, said at the time that she had no option but to refer the case to the DPP after the deputy state pathologist concluded Adrian Moynihan had died of restraint asphyxiation.

There is a major question mark hanging over this case which has to be resolved in the interests of justice.

Nobody was ever prosecuted in any connection with the death of this young man and it has to be re-opened because Adrian Moynihan has to be allowed rest in peace.