It was a gruelling year for the family of Benny Moore, cleared of manslaughter this week in the Isle of Man, writes Carol Coulter.
The question being asked by Benny Moore's family is why the case against him was allowed to go on so long, when at an early stage the prosecution knew there was no evidence that the woman's death was due to intervention by a third party.
When 38-year-old Maureen Fox was found dead in Moore's hotel room it was normal that there would be a post-mortem and inquest. The inquest a month later showed she had died from acute alcohol intoxication and "traumatic asphyxiation" - that is, choking caused by a trauma of some kind - based on the evidence of local pathologist Dr Rogers. At the committal hearing 11 months later Rogers speculated that she was placed in a position that caused asphyxiation, possibly during a sexual assault. It is clear that the prosecution was not entirely happy with his evidence, because it sought the opinion of London-based forensic pathologist Dr Vesna Djurovic.
She found that Fox had died from acute alcohol intoxication, combined with "positional asphyxia", meaning that while drunk her mouth and nose had become covered by bedding. The existence of this report was not disclosed to the defence until March, when the charge was reduced to manslaughter.
Meanwhile, the police had interviewed women from every Isle of Man address in Benny's address book, suggesting that he had propositioned them. No woman on the island could be found to say that he had been other than a perfect gentleman.
Nor were gardaí contacted to see if there was any record of violent behaviour on his part. If they had been, the answer would have been no.
While opposing bail in the weeks following his arrest, the prosecution gave as one of the reasons the fact that no international agreement was in place allowing them to have his home in Dingle searched. In the courtroom, the family offered them keys to the house and gave their permission for a search, but this offer was not taken up.
What emerges from all this is a determination to pursue a serious charge on the flimsiest evidence, while ignoring any evidence that might undermine it. Fortunately for Moore, he had two determined and able defence attorneys, who were able to persuade the High Bailiff to throw the case out at committal stage. But this determination took almost a year out of the life of the 79-year-old, while causing untold anguish to his family.
Carol Coulter
Mary Ferriter, Benny Moore's daughter, will never forget the night of October 29th, 2002. "I was sitting here in my kitchen," she says. "It was a quarter to seven on a Tuesday evening. My sister, Nuala, was in the house, and the phone rang. It was my father's voice, and he said: 'Mary, this is Benny. Can you come to the island? I'm in a spot of bother. I've been charged with murder, I don't know why.' "
As soon as she was able to speak she spread the news to Nuala, and then to her brother Eddie and his wife, Catherine, seven miles away. They frantically set about getting flights, starting with one from Co Kerry to Dublin, which enabled them to catch the 7.55 a.m. flight to the Isle of Man the next day.
Moore had woken two nights previously to the sound of a woman friend he was sharing his hotel room with being sick. He sought help, but it was too late. Maureen Fox (38), a white Zimbabwean, had choked while vomiting. She was also acutely intoxicated with alcohol. But it took a year to establish in court that this was how she died. In the meantime, Moore was charged with murder.
For a family who had never before had even the most minor brush with the law, this was the start of a steep learning curve, as they had to negotiate a hostile prosecution service and an unfamiliar legal system, while at home they had to confront suspicion and rumour, as well as trying to keep their working and family lives intact.
They arrived at the courtroom in Castletown, where the initial hearing was to take place, only to find it surrounded by crowds. The case was then moved to the island's capital, Douglas. They had still not seen their father. There was a very brief hearing in the courthouse in Douglas at 2 p.m, where Benny was brought into the court.
"He had been arrested on the Monday and this was Wednesday," says Mary. "He was in a sort of boiler-suit. When we came out of the court and he was taken away he was obviously distressed."
After the hearing they went to visit him in prison, where he stayed for two months before getting bail on December 18th. "Benny said: 'Mary, what are you doing here? This is no place for a woman. I've done nothing wrong. They'll do what they have to do.' "
This visit was the first of many. Since Moore's arrest members of the family have driven 10,000 miles to and from Dublin airport, and bought a total of 56 airline tickets to the island. These, and the hotel bills, have cost the family a fortune.
Moore's six grandchildren, ranging in age between five and 16 at the time of his arrest were affected by the case. "We had to tell all but the youngest what the case was all about," explains Mary. "Their friends were asking them. His eldest grandchild was doing the Leaving Cert at the time."
The publicity about the case, given the fact that the woman died in Moore's hotel room, was also very difficult.
"It was very hard to walk into a supermarket, even to go to Mass," says Catherine. "I'd keep my head up and say, 'My father's fine," recalls Mary, who runs a business in Dingle.
"The emotional side of it was horrendous," says Nuala, who also has a shop in the town. "Life totally stopped. You had to be strong." She is angry that the ordeal went on so long, when there was no evidence to indicate murder.
"In November last the Department of Foreign Affairs was aware of the pathology report [showing that the woman had died of acute alcohol intoxication]," she says.
"There were some months we could be on the road one week out of the month," says Catherine.
"It was neighbours helping out that kept us going," says Mary.
During the 11 months a number of friends who owned fishing boats, and one who owned a helicopter, offered to go to the island and take Moore home. But neither he nor the family would hear of it. They were certain he had to stay and clear his name, however long it took.
"We have six children between us," says Catherine. "Your name and your word are all you have. I didn't want them ever to be ashamed of anything anyone can throw at them. I wanted to be sure for the future of our families that we can hold up our heads in Dingle and Chorcadhuibhne."