A mother has secured a High Court order temporarily halting the inquest into her daughter's death. The young woman died after she was found hanging from a door in her west Dublin home less than an hour after a "venomous" argument was allegedly overheard.
It is claimed the Dublin County Coroner refuses to see the death of Pamela Martin (22) as "anything but straightforward" and has prejudged the cause of death as suicide despite, it is alleged, no proper Garda investigation.
No Garda forensic examination of the scene of Ms Martin's death on February 1st, 2004, was conducted until some three weeks later, the court heard. No criminal proceedings have been taken.
Martha Martin claims the coroner, Dr Kieran Geraghty, has "closed his mind" on the cause of death as suicide when, Mrs Martin asserts, the manner of the alleged suicide makes no sense and when there was a history of violence against her daughter by a man, who had allegedly told some people he had killed her.
Dr Geraghty had expressed a "mistaken" view that Ms Martin, a mother of three, who was found to have a quantity of drugs in her blood and urine, was a person with a history of depression and who had attempted suicide in the past, Derek Burke, solicitor for Mrs Martin, Old County Road, Crumlin, Dublin, said in an affidavit.
There was no substance to the claim that Ms Martin had a history of attempted suicide and no medical evidence to that effect, Mr Burke said.
In the High Court yesterday, Alan Toal, barrister for Mrs Martin, secured leave from Mr Justice Michael Peart to bring judicial review proceedings against Dr Geraghty.
Pending the outcome, the judge also granted an order restraining Dr Geraghty from proceeding further with the inquest into Ms Martin's death. It was due to resume today.
Mr Burke said there was evidence from an independent witness, who heard an argument but did not see it, that it was of such an intense and venomous nature it would never be forgotten. Mr Burke said he was informed that, some 45 minutes later, a man banged on the door of an adjoining building pleading for help as he alleged that Ms Martin had hanged herself from the back of a door.
Emergency services were called and Ms Martin was taken to Tallaght hospital, where she died.
Mr Burke said the scene was not preserved and the bedroom where Ms Martin was found was not forensically examined until February 23rd, 2004, 22 days after Ms Martin's death. Mr Burke said findings relating to certain items discovered at the scene, included in a report of a forensic scientist dated June 3rd, 2004, had no evidential value. This was due both to the delay in carrying out the forensic examination and because Ms Martin's family, in the interim, conducted their own type of forensic examination using material of the type allegedly found in the execution of the alleged suicide.
Mr Burke said the family carried out that exercise because of their inability to understand the mechanics supposedly employed by Pamela in her alleged suicide. They requested the Garda to investigate the matter.
The solicitor said it appeared gardaí did investigate and statements were taken.
Mr Burke said those statements advanced two versions of events. A man said he had beaten Ms Martin severely to the head because he was incensed she had used all the cocaine which he had purchased with a view to selling it. No action had been taken on foot of those statements, the solicitor said.
