Eamon Butterly, owner of the Stardust nightclub in which 48 young people died in 1981, is seeking to have "unlawful killing" excluded as a possible verdict at the inquests which have yet to begin.
At a preliminary hearing on Wednesday, Dublin coroner Dr Myra Cullinane said she had received correspondence from Mr Butterly's barrister, Michael O'Scanaill SC, saying his client could not "commit to a position" on a key document in the proceedings until a ruling "as to whether the verdict of unlawful killing is one open to the jury".
In his correspondence Mr O’Scanaill’s expressed the view “the inquests should not proceed until a ruling at this point in proceedings” is made on the matter, said Dr Cullinane.
Sean Guerin SC, for the families of 47 victims, said the idea of challenging the inclusion of the verdict was "objectionable". It was "just unthinkable that the court would exclude a verdict that is permitted by law before the evidence has been heard", he said.
Legal teams had been proceeding on the basis that "unlawful killing" would be open to the jury and “experts have been instructed on that basis”, he added.
He agreed with Dr Cullinane's written response to Mr O'Scanaill, circulated to the legal representatives of all parties – the families, An Garda Síochána and Dublin City Council – on Tuesday, in which she is understood to have advised Mr O'Scanaill that the scope of the inquests, including the verdicts that would be available to the jury, had been decided on last year, and of her belief it was too late to seek a judicial review of the inquests' scope.
Dr Cullinane invited parties to make submissions by Monday. She would hear oral arguments next Wednesday, she said.
New investigation campaign
Séamus O Tuathaill SC, for the family of Marie Kennedy, who died in the fire, agreed with the contents of Dr Cullinane's response.
Mr O’Scanaill said his position had been set out in his submission and he would address the hearing next week and “refrain from any other comment although I would suggest I am not at all [late] on this issue”.
Shane Murphy SC, for An Garda Síochána, said he would outline his client’s position next Wednesday. Gráinne Larkin BL, for Dublin City Council, said she did not anticipate a submission on the issue.
Mr Butterly owned and managed the Stardust nightclub in Artane, north Dublin, which was engulfed by fire on the night of February 13th/14th, 1981, resulting in the deaths of 48 people. Families of the deceased vehemently disputed the findings of the Tribunal of Inquiry, chaired by Justice Ronan Keane, which concluded in November 1981 that the "probable cause" was arson.
Though this verdict was put aside and the public record corrected by the Dáil in 2009, the families continued their campaign for a new investigation into the cause of the fire.
Fresh inquests into the deaths were ordered by the then attorney general Séamus Woulfe in September 2019, and were expected to open last year. Delays, including due to rows over whether the families should be entitled to legal aid, have dogged its opening.
Wednesday's hearing was held in the National Concert Hall as the Department of Justice continues its search for a venue for the inquests, as the lease on the original planned venue, the RDS, expires this month.
