The Dublin city coroner will examine two conflicting pathology reports on the death of Brian Murphy outside a Dublin nightclub six years ago and endeavour to establish a conclusive cause of death, an inquest has heard.
In a highly unusual move, the Dublin city coroner has proposed to attempt to establish the cause of Mr Murphy's death before hearing the circumstantial and witness evidence that led to his death.
Student Brian Murphy, from Clonskeagh in Dublin, died following a fracas outside a Dublin nightclub in 2000. Charges were later brought against four young men in relation to his death.
At a brief hearing yesterday, coroner Dr Brian Farrell said "issues have arisen as to the cause of Brian's death".
"I wonder would it be appropriate that we change the procedure in view of the situation . . . First of all we might establish what precisely was the cause of death," he told the court.
State Pathologist Dr Marie Cassidy, who did not carry out the postmortem on Mr Murphy, concluded from the forensic evidence that the injuries sustained by Mr Murphy were "relatively minor" and would not be expected to cause his death.
Her evidence was at odds with the then State pathologist, Prof John Harbison, who carried out the postmortem on Mr Murphy. In his report, he concluded that Mr Murphy died from swelling of the brain due to severe facial injuries from an assault.
Dr Farrell said there had been much public debate as to what caused Mr Murphy's death that he now "ought to endeavour to clarify". Dr Farrell said he would be speaking to the pathologists involved and it is understood that Dr Cassidy will be called to give evidence. Dr Farrell said it was his initial view that the medical evidence should be heard before any witness evidence but this may be subject to change.
Following the incident that led to his death, Mr Murphy was admitted to St Vincent's hospital in Dublin. Dr Farrell has requested all medical reports, X-rays and scans carried out on Mr Murphy and said he would call senior clinicians involved in his care to give evidence.
Dr Farrell told Mary and Denis Murphy that he would later accept submissions from them as to what witnesses they believe should be called at their son's inquest.
It is understood that the four young men who had charges brought against them in relation to Mr Murphy's death will be called to give evidence by the coroner. Former Blackrock College pupils, Andrew Frame, Dermot Laide, Seán Mackey and Desmond Ryan were charged with manslaughter and violent disorder following Mr Murphy's death outside Club Anabel disco in Ballsbridge, Dublin.
Mr Frame was acquitted of all charges; Mr Mackey and Mr Ryan were convicted of violent disorder and Mr Laide was convicted of manslaughter and of violent disorder. Mr Laide's manslaughter charge was later overturned and a retrial ordered. Due to an illness, Prof Harbison was deemed unable to give evidence at the planned retrial of Mr Laide and the case was abandoned.
The inquest is expected to resume on September 15th.