The Cork City Coroner, Dr Myra Cullinane, has asked the Director of Public Prosecutions to reconsider the case of a young man who died from asphyxiation after being restrained by doormen while attempting to enter a nightclub in the city last year.
Dr Cullinane said that she had no option but to refer the matter to the DPP after fresh evidence was offered to a reconvened inquest yesterday by the Assistant State Pathologist, Dr Marie Cassidy.
The inquest into the death of Mr Adrian Moynihan (23), of Ballincollie Road, Spring Lane, Ballyvolane, Cork, had been reconvened following an earlier adjournment arising from the possibility of criminal proceedings. A Garda file had been sent to the DPP, but proceedings were not issued over the incident at the Sidetrax nightclub in Cork on March 25th last year. Since then, the Moynihan family have campaigned for the case to be reopened.
Yesterday, evidence was given by Mr Daragh Forde, a friend of Mr Moynihan, who said that, after consuming up to 15 pints of lager in two city pubs, the pair went to Sidetrax between 11.30 p.m. and midnight, but were refused entry. An argument ensued and there was a scuffle. Mr Forde said that he had been restrained by doormen. Someone put a hand around his throat and he was pulled to the ground with his hands held behind his back. Gardaí then arrived and he was handcuffed.
Mr Tony O'Connell, a doorman at the club, said that he was on duty on the night. Mr Moynihan and Mr Forde came to the door at about midnight. Mr Forde, who had been barred before, became agitated when he was refused entry. Mr Moynihan also became agitated and angry with the other two doormen, Mr John Long and Mr Kevin Corbett. Mr Moynihan then indicated with his fist that he was going to "burst our heads", Mr O'Connell said, adding that, in anticipation that Mr Moynihan would hit someone, he stepped out in front of him to block his exit, hoping that this would deter him, but Mr Moynihan had struck him hard on the left jawbone, temporarily dazing him. Everything then happened very fast, as he and the other doormen tried to restrain Mr Moynihan by forcing him to the ground.
The emergency door flew open and they all tumbled inside. Mr Moynihan was lying face-down. As he struggled, the doormen continued to restrain him by the weight of their own bodies on top of him. "When he eased up, we eased up," Mr O'Connell said.
When gardaí arrived, an officer went to Mr Moynihan and propped his back against the wall. He slapped his face in an attempt to revive him. Mr O'Connell said he thought Mr Moynihan was "putting on an act", as sometimes occurred. An ambulance was called and paramedics tried to revive Mr Moynihan, but without success.
Replying to Mr Terry O'Sullivan, solicitor for the family, Mr O'Connell said his recollection was not faulty and he was not lying under oath. He had been "bouncing" for a long time, but he had never been trained in security duties.
Video footage of the incident was shown to the jury and to Dr Cassidy, who said that after her post-mortem examination she had concluded that Mr Moynihan had died from asphyxia due to compression of the neck. However, having seen the video evidence of the scuffle, and having heard the evidence, she was of the opinion that the reasons for death were more complicated. Death was due to asphyxia caused by restraint.
Dr Cullinane said that this amounted to fresh evidence and she had no option but to refer the matter to the DPP. The inquest was then adjourned.