Rabbitte demands answers on Harbison cases

LABOUR leader Pat Rabbitte last night demanded to know how many criminal cases may have to be reopened following the collapse of the State’s prosecution of Dermot Laide.

Mr Rabbitte told the Dáil the mental capacity of former State Pathologist John Harbison may bring into question evidence he gave in other trials.

The Labour leader called on Taoiseach Bertie Ahern to tackle the situation with greater urgency and say if ministers were aware Prof Harbison’s ability to do his job may have been in doubt.

The retrial of Laide on manslaughter charges, following the death of Brian Murphy outside Dublin’s Club Anabel in August 2000, collapsed on Monday after it was revealed former State Pathologist John Harbison would be unable to give evidence.

Mr Rabbitte said he was aware the matter was sensitive, but it had profound consequences for the integrity of the justice system.

“A question may now arise about Dr Harbison’s mental capacity to have given evidence about his opinions in cases that have already been heard and decided,” he told TDs.

“In the Laide case, Dr Cassidy’s expert opinion flatly contradicted that of Dr Harbison.

“This wasn’t a difference in emphasis or detail within the normal range of variety you would expect between experts. Dr Cassidy is saying in so many words that Dr Harbison was wrong; that his evidence to the first trial was wrong; and, it follows, that there was a miscarriage of justice in that case.

“Can there be any explanation for the disagreement between these two professionals other than that Dr Harbison’s health was already in decline, either at the time he conducted the post mortem on Brian Murphy or when he gave evidence in court as to Brian Murphy’s cause of death?” he asked.

Mr Rabbitte added that Prof Harbison had said in March 2003 that the Government had asked him not to examine any more bodies, but he remained State Pathologist.

“When did the Minister of Justice know about the health problems of the former State pathologist?

“Can we expect more cases in which convictions are opened to challenge as a result of what has happened?” he asked.

The Taoiseach said prosecutions were a matter for the DPP and he had no information on what cases may be affected by Prof Harbison’s illness.

A small number of retrials for murder and manslaughter could be at risk because of the inability of the former state pathologist, Prof John Harbison, to act as a crucial witness, legal experts have stated.