The family of a young Dublin man who died in a Garda station after he apparently attempted to hang himself may have to go to court to secure the return of his personal belongings for independent forensic examination in the UK.
Terence Wheelock (20), from Summerhill, Dublin, was found unconscious in a cell at Store Street Garda station last June after he apparently attempted to hang himself with a cord from his tracksuit bottoms. He was rushed to the Mater hospital by ambulance, but never regained consciousness.
He died on September 16th, 2005. His family has maintained that the circumstances of his death were different and that he was mistreated while in a cell.
Det Supt Oliver Hanley yesterday told Dublin City Coroner's Court that the DPP had decided that no prosecutions would be pursued in relation to Mr Wheelock's death.
Legal representative for the Wheelock family, Seán Gillane, requested yesterday that gardaí make available his personal belongings so that an independent forensic examination can be carried out.
The family has had "considerable difficulty in being assisted by the Garda Commissioner and the Department of Justice" in relation to gaining access to Mr Wheelock's personal belongings.
Legal representative for the Chief State Solicitor, junior counsel Marion Berry, said that the personal belongings are being retained because of possible prosecutions in the case and to preserve the evidence.
"We cannot agree because the integrity of the exhibits would be undermined," she said.
Mr Gillane has made a police property application on behalf of the Wheelock family for the return of the personal items.
The application will be heard at Dublin District Court on March 14th.
"The top he was wearing is of particular relevance," he told the court.
A date for the full inquest into Mr Wheelock's death could not be set pending the outcome of the police property application requesting the return of personal belongings.
The case will be mentioned briefly before the court in March.
Outside court, Larry Wheelock described the DPP's decision to bring no prosecutions as "a disgrace to the memory of my brother".
He said he was confident that his brother's clothes will eventually be handed over to the family for an independent forensic examination and only then "will we get answers".
"They took those clothes illegally. If it was a suicide, they had no business taking them.
"If they've nothing to hide, why don't they hand over the clothes?
"All we want is the answers to what happened . . . None of my family believes that it was suicide."
The Wheelock family have organised a demonstration outside Dáil Éireann on March 23rd to mark what would have been Terence Wheelock's 21st birthday. "We need an independent inquiry into my brother's death and that's what this campaign's about," added Mr Wheelock.
Mr Wheelock was brought to Store Street station after he was arrested with others at a house in the north inner city on suspicion of handling a stolen car.
Minister for Justice Michael McDowell has told the Dáil he believed Mr Wheelock was responsible for his own death.