The Department of Justice has referred a complaint about the Garda investigation into the 2011 death of public relations consultant Kate Fitzgerald to a new independent review body.
The Independent Review Mechanism, a panel of legal counsel selected by the Office of the Attorney General, will have access to files relating to the case and can make recommendations to the Minister for Justice if it deems further action is required.
The body of Ms Fitzgerald, who worked for the Communications Clinic, was found by her friends at her rented cottage at Harty Place, Dublin 8, after she had failed to turn up for work on August 23rd, 2011.
Her father, Tom Fitzgerald, has expressed concern over aspects of the Garda investigation into her death and questioned whether a third party could have been involved.
He said a lack of photographic evidence and detailed analysis of the scene had left many questions unanswered over the circumstances of her death.
The family contacted the Garda Síochána Ombudsman Commission to express their concerns over the way the original investigation was conducted. The commission examined the matter and the investigation concluded last year.
In June 2013, a jury at Ms Fitzgerald’s inquest at Dublin Coroner’s Court found that she had died by suicide.
The inquest heard details of toxicology results which showed the 25-year-old had been taking prescribed medication prior to her death, including sleeping tablets and anti-depressants. She had also consumed a small amount of alcohol.
State Pathologist Marie Cassidy said during the inquest said there was no evidence to suggest Ms Fitzgerald had taken an overdose and all drugs were within normal therapeutic limits.
She concluded that Ms Fitzgerald died by hanging and did not find any evidence of bruises or marks to suggest third party involvement.
The Fitzgerald family were critical of the suicide verdict delivered at the inquest, describing it as “tragically wrong” and saying they did not get an adequate hearing or closure.
They were critical of not being allowed to give their input and they criticised “too much Garda intervention” in the case.
The jury at Ms Fitzgerald’s inquest recommended that, as a matter of course, gardaí should take photographs at the scene of any death.
Asked today about a review of Ms Fitzgerald’s case, a spokesman for the department said: “The department can confirm that a complaint in relation to this case has been referred to the Independent Review Mechanism established by Government.”
The mechanism was established earlier this year by the Minister for Justice Frances Fitzgerald as part of the Government's efforts to reform the justice system after a series of concerns were raised about matters relating to gardaí such as the treatment of whistleblowers in the force.
“The Independent Review Mechanism is examining a large number of cases,” the department spokesman said.
