Convicted killer Mark Nash will not be compelled to give evidence at an inquest of two women because of "glaring anomalies" in the Coroners Act, the Dublin City Coroner's Court heard yesterday.
Dublin City Coroner Dr Brian Farrell said he had summonsed Nash to attend the inquest into the deaths of Sylvia Shields and Mary Callinan because he believed his evidence could be "of assistance".
However, under the Coroners Act (1962), he must be able to show that the inquest could not proceed without this evidence. Dr Farrell said he would not ask the Attorney General to request the High Court to compel Nash to attend because he believed the application would fail on this ground.
The bodies of Ms Shields and Ms Callinan were discovered in their community care home attached to St Brendan's psychiatric hospital on March 7th, 1997. They had received multiple stab wounds. Nash confessed to the killings when he was arrested in connection with the deaths of Carl and Catherine Doyle later that year. However, he later retracted this statement.
Dr Farrell said it was "a matter of considerable regret" to him that Nash could not be compelled to attend the joint inquest. The "glaring anomalies" in the law were also a cause of concern to the Coroners Society of Ireland, he said, particularly since they had been already highlighted in the Lynda Lee case.
In February, Ms Lee appealed against a High Court order that she attend the inquest into the death of her husband Gerald Lee. He was shot dead during a birthday party in Coolock in 1996.
The State argued that she was an essential witness and in July, the Supreme Court ordered her to attend the inquest. Under the 1962 Act, the penalty for not complying with a summons to attend a inquest is a £5 fine (€6.35).
Dr Farrell said it was not in the public interest that these legislative deficiencies be allowed to continue. His preliminary inquiries suggested that Nash's evidence would be of assistance, despite the fact that he had withdrawn statements made concerning the deaths.
Nash's solicitor, Mr James McGuill, had told the coroner that his client was in a particularly vulnerable situation but Dr Farrell said coroners were "well used" to dealing with people in vulnerable situations.
Nash wrote to Dr Farrell last month outlining his concerns about attending the inquest. Dr Farrell said he acknowledged these concerns but felt that the evidence could be heard while protecting Nash's constitutional rights and personal safety.
On a separate issue, Dr Farrell said it was not within his jurisdiction to release the statements made by Nash and the late Dean Lyons to Ms Shield's sister's solicitor because Nash's statement had been withdrawn and Mr Lyons's had been made in a different context.
The inquest resumes next Wednesday.
