The inquest jury into the 1996 death of Donegal cattle dealer Mr Richard Barron yesterday delivered an open verdict on the cause of death. The 10-person jury was instructed by coroner Mr John Cannon to return an open verdict after he explained the three possible verdicts open to them.
Outlining the evidence heard over the six days, Mr Cannon said Mr Barron met a violent death on a dark cold, wet, October night in 1996. "How he should meet such a sudden and unmerciful death is at the heart of this inquiry. Public interest requires such an inquiry to ascertain as fully as possible the facts of the matter. No one should suffer such a death."
From the evidence heard he said there was a range of possible conclusions and stressed that the jurors were the final arbiters.
"We have heard the expert opinion of three eminent pathologists, Prof John Harbison, Dr Marie Cassidy and Dr David Barry. As I see it there are two possible scenarios; either Mr Barron was struck and killed by a passing vehicle that did not stop, or he was struck by a blunt instrument wielded by human force. In my opinion the evidence is inconclusive."
Stating that the physical evidence from the scene could be interpreted to support either scenario, he said the "most glaring lapse occurred after the event".
"An admitted and inexplicable failure to preserve the scene. That failure was self evident in dissipating the opportunity to collect any useful evidence that may have supported how his death occurred," Mr Cannon said.
He then explained to the jury the three possible verdicts: firstly, accidental death from a road traffic accident. He said jurors had heard evidence about traffic movement along the Glenmaquinn Road about the time Mr Barron met his death.
He recalled the evidence of Mr Sean Duffy, who said he met no other vehicle on the road that night. Other witnesses said there was little or no traffic at the time and no high-sided vehicles.
"Other witnesses said traffic could have travelled unknown to them at that time. It must be borne in mind that witnesses were not traffic monitors," Mr Cannon said.
He said it was the evidence of both lay people and Garda witnesses that no glass, mud, plastic or tyre-marks were found on the road.
The second possible verdict he outlined was that of unlawful killing. "Was Mr Barron struck by a blunt instrument wielded by human force? Again the evidence is inconclusive. Dr Harbison initially favoured a road traffic accident but did not rule out assault."
The coroner said the McBride family living near the scene where Mr Barron died did not hear any scuffle sounds. Mr Cannon instructed the jury that if they were to bring in such a verdict, it must be beyond a reasonable doubt.
Finally, he explained to the jurors that an open verdict meant that the evidence did not fully disclose the means that caused a death.
Citing the agreed medical cause of Mr Barron's death as lacerations to the brain and fractures, he said the evidence went little further and was ambiguous at best. It "is a matter of debate among the pathologists". He recommended that an open verdict be returned.
Before the jury left to deliberate, Mr Cannon said that amidst al the uncertainties and unknown facts surrounding this tragic death, there was the tragedy of the event for the Barron family.
"There is one certainty. There is in our community a person or persons who know exactly or has responsibility for the death of Mr Barron, whether that death was caused by a road traffic accident or by unlawful killing, and have not come forward."
After an hour-and-a-half deliberation, the jury returned a unanimous open verdict.
Mr Cannon adjourned the inquest until January next year to consider the re-interment of the retained body parts of Mr Barron.
The coroner expressed his sincere sympathy to Mrs Barron and family saying he hoped the completion of the inquest would be of some comfort in getting their lives back together. He said Mr Barron came across as a family man interested in farming and livestock and a man who enjoyed his pint in the company of friends.
"A typical decent country gentleman. God rest him," he said.