Ombudsman to investigate woman's death

THE GARDA Ombudsman Commission is expected to announce this week that it is to investigate the circumstances surrounding the …

THE GARDA Ombudsman Commission is expected to announce this week that it is to investigate the circumstances surrounding the death of a 74-year-old woman in May, 2005.

Mary Seavers was killed by a Garda patrol car which veered off the road and struck her as she waited for a bus in Clonskeagh, Dublin.

Under its "public interest" powers, the commission is allowed to investigate matters that occurred before it was fully established in 2007.

The investigation into Ms Seavers's death is only the second time the commission has used its public interest justification.

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Following the initial Garda investigation in 2005, the Director of Public Prosecutions (DPP) declined to prosecute any gardaí in relation to the death of Ms Seavers.

At a subsequent inquest in 2006 into Ms Seavers's death, it emerged that the Garda investigation had concluded the speed of the car was a key factor in the incident.

The inquest was told by Sgt Colm Finn of the Garda Forensic Reconstruction Unit that the vehicle must have been travelling in excess of 43mph (69.2km/h) in the moments before it struck Ms Seavers.

This was denied by the gardaí who were in the squad car, driver Niamh Seberry and front-seat passenger Lisa Healy, from Donnybrook Garda station.

Both gardaí maintained that the car had not been travelling that fast and Garda Seberry told the inquest that the vehicle had been travelling at "30mph (48.2km/h) or fractionally above".

The inquest also heard from a number of drivers who said that they swerved to avoid the patrol car as it veered across the road.

Ms Seavers from Churchtown, Dublin 14, died in hospital three weeks after the incident. It is understood that the three-person commission decided in the past week, following submissions from those close to Ms Seavers, to look at the evidence surrounding the case.

The commission may, depending on its findings, decide to refer the case to the DPP for a second time.

It is expected that the move will be formally announced later this week when all parties to the collision have been notified.

The commission's first public interest investigation is looking at events leading up to the death of 20-year-old Dubliner Terence Wheelock.

Mr Wheelock had been detained in a police cell in Store Street Garda station, where he was subsequently found to be unconscious.

He was taken to the Mater hospital in a coma and died three months later.

Tim O'Brien

Tim O'Brien

Tim O'Brien is an Irish Times journalist