THERE WAS a round of applause at Dublin City Coroner’s Court yesterday as counsel for the family of a young woman who died of hypothermia in her flat said a public inquiry was needed as “this was a young woman, who has left two orphaned children, who froze to death in Dublin”.
Rachel Peavoy (30), Shangan Road, Ballymun, Dublin, was found dead in her flat on January 11th, 2010.
Pathologist Anthony Dorman, a consultant histopathologist at Beaumont Hospital, gave the cause of death as hypothermia.
There were emotional scenes at yesterday’s inquest as a verdict of death by misadventure was read out.
Dublin city coroner Dr Brian Farrell said he was giving a verdict of misadventure as a legal verdict of accidental death “would be too simplistic”. Giving the verdict, Dr Farrell said: “I’m accepting the cause of death as hypothermia even though new evidence would indicate the apartment wasn’t freezing.”
The verdict was greeted by uproar from Ms Peavoy’s uncle Michael Duffy in court. “It’s impossible to die of hypothermia if the heating is working – it’s not logic,” he told the coroner.
At the inquest, Garda Insp Andrew Waters of Ballymun Garda station said he was very disappointed that comments he made about windows in Ms Peavoy’s flat were misrepresented in court.
Dr Farrell adjourned an earlier inquest after Donal Barron, the Ballymun area housing manager, said he was told by Garda Insp Waters that the windows were open in the flat at the time of Ms Peavoy’s death.
Referring to the issue yesterday, Garda Insp Waters said: “It was a very informal conversation based on hearsay . . . I said the windows may or may not have been open. I also said that the investigating officer Garda Caitríona Byrne had no record of the windows being opened or closed in her notebook.
“I am very disappointed selected parts of an informal conversation I had were misrepresented in court. I was asked what I knew about the death of Rachel Peavoy. I explained I knew nothing of the specifics,” he added.
Ms Peavoy’s friend Jacqueline Johnson told the inquest that she had opened the windows. Ms Johnson and Ms Peavoy’s sister Leontia had let themselves into Rachel’s flat after they couldn’t make contact with her. Ms Johnston found the body of her longtime friend in the main bedroom.
Ms Johnson said she was overcome by a damp/musty smell when she first entered the flat and opened the windows.
Ms Johnson said she did not notice whether the flat was warm or cold, but that you would notice when the heating was on, as “it would be boiling”.
Dr Farrell said he accepted Ms Johnson’s evidence that Ms Peavoy’s flat was not freezing cold when she first entered, despite outcries from Ms Peavoy’s family and friends. He cited the windows being opened by Ms Johnson as the reason Garda Byrne noticed the flat was very cold.
Dr Farrell said the level of the pain reliever Tramadol, which was found in Ms Peavoy’s system, although not fatal, could have caused drowsiness and induced sleep.
It could also interfere with body thermoregulation and left Ms Peavoy predisposed to hypothermia, he added.
“De-tenanting presents particular challenges both to the authorities but also to the tenants remaining particularly if they’re vulnerable,” he added, requesting that procedures in relation to advanced tenanting be reviewed.
Family pays tribute to loving, devoted mother
RACHEL PEAVOY was a lovely, gentle woman who devoted her life to her kids, her uncle Michael Duffy told reporters following her inquest yesterday.
Mr Duffy's anger and despair were visible yesterday outside Dublin City Coroner's Court, as he paid tribute to his dead niece.
"She didn't drink and she devoted her time to her children. She wasn't the life and soul of the party, but she was great company always."
Mr Duffy said he was hoping Dublin city coroner Dr Brian Farrell would take evidence on board regarding the temperature in Ms Peavoy's flat.
"She died of the cold – of hypothermia – you can't die of that if the flat is heated." There is underfloor heating in the Ballymun flats, he said, and asked why were her hair and towels still wet if she was found next to the towels on the floor. "If it was warm, the towels would be dry".
Speaking after the inquest, family solicitor Teresa Gavin said they were disappointed and angered at the outcome.
"A young woman froze to death. The family will be reflecting on what occurred today and will be taking advice."
The family and close friends of Ms Peavoy released five Chinese lanterns into the sky outside the coroner's court after the inquest, in memory of her.