A forensic pathologist who carried out an independent post-mortem on the body of a man who died in Garda custody will not be permitted to give direct evidence when an inquest into his death resumes at Dublin City Coroner's Court.
The family of the man, Terence Wheelock (20) of Summerhill, have expressed their dissatisfaction with the decision by the city coroner and plan to bring the matter to the Garda Ombudsman.
Dr Carl Gray carried out a post-mortem on the body of Mr Wheelock following his death at the Mater hospital on September 16th, 2005.
Mr Wheelock was found unconscious in a cell at Store Street Garda station in June of the same year, after he apparently attempted to hang himself with a cord from his tracksuit bottoms. His family has maintained that the circumstances of his death differ from the Garda version of events and that he was mistreated while in a cell.
Coroner Dr Brian Farrell said at Dublin City Coroner's Court yesterday that he had no jurisdiction to call independent experts to give evidence at an inquest.
A solicitor for the family, Yvonne Banbury, said she was anxious to call Dr Gray because his report contained important information relating to injuries to Mr Wheelock's body. She told the court the report she had received from the pathologist did not address the issue of blood stains on Mr Wheelock's clothes.
Dr Farrell said there were other ways of hearing Dr Gray's evidence. He told the court that he would allow Dr Gray to be present with the family's legal team and that he himself would use the information derived from Dr Gray's report in questioning.
Under current legislation the coroner makes decisions on what witnesses to call for evidence on the basis of depositions or statements submitted by gardaí.
Other witnesses can be called, but none that offer rebuttal evidence - evidence that conflicts with evidence provided by the original State witnesses.
The coroner set a date for the resumption of the inquest into Mr Wheelock's death in July. "I am anxious to facilitate as comprehensive an enquiry as possible," he said. At the resumed inquest on July 12th and 13th, the State Pathologist, Dr Marie Cassidy is expected to submit a report based on the relevance of photographs taken by Dr Florence Grehan, director of clinical photography at the Mater hospital, which depict extensive bruising to Mr Wheelock's body.
Outside the court, a brother of the deceased, Larry Wheelock, said it was of major concern to the family that the family's independent witness would not be able to give direct evidence.
"As a family we are keen to get to the bottom of what happened to Terence. The independent experts are paid for at the family's expense and have a lot to say. The forensic testing of Terence's clothes was done first by the family and has brought disturbing information to light - the blood on Terence's clothing and the injuries on Terence's body. It compounds why we need an independent inquiry. We believe the State is hindering progress in this case," said Mr Wheelock.
He said the coroner was a "fair man and trying to do his best," but he said there was too much legal constraint in the coroner's court and its remit was not wide enough to deal with the questions the family needed answered.
The coroner indicated it was possible the resumption of the inquest would be delayed until the early autumn.