The Dublin City Coroner has ordered that a file on the death of student Brian Murphy be sent back to the Director of Public Prosecution (DPP) following a statement by State Pathologist Marie Cassidy at an inquest yesterday that head injuries caused the teenager's death.
This action by coroner Dr Brian Farrell raises the possibility of a new criminal trial in relation to Mr Murphy's death.
"In view of what's been said, the cause of Brian Murphy's death is head injuries. It's not due to alcohol; it's head injuries," Dr Farrell told the court. "In that case, I will be obliged to send the papers back to the DPP before proceeding with the inquest."
Former state pathologist Prof John Harbison, who carried out the postmortem on Mr Murphy (18) after his death in August 2000, concluded that he died from swelling of the brain due to severe facial injuries suffered during an assault.
When Prof Harbison was unable to give evidence due to an illness at a retrial on the charge of manslaughter against one of the four accused of involvement in the assault, Prof Cassidy was asked to compile a report based on photographs and forensic reports.
Her findings differed from that of her predecessor in that she said the injuries suffered by Mr Murphy were "relatively minor" and would not be expected to cause his death. She attributed death to the trauma of head injury combined with the effects of alcohol. Dermot Laide's manslaughter retrial did not proceed as planned last year because of Prof Cassidy's report.
Dr Cassidy said yesterday that as her report was leaked to the media and because she was never questioned about her conclusions as the retrial was abandoned, the role of alcohol in his death was "taken out of context" in the media.
"His death was not due to alcohol. It was due to a head injury and unfortunately he was vulnerable. He should have gone home that night," she told the inquest.
"I never said it was a minor assault, I said it was minor injuries that would not be expected to cause death . . . It's a very complicated case. I must apologise to the Murphy family about the release of the report to the media which must have caused them considerable distress."
She added that the toxicology screen showed Mr Murphy was not intoxicated and the alcohol in his system amounted to a "few pints".
Remy Farrell, barrister for the Murphy family, said that reports that alcohol played a significant role suggested Mr Murphy's death was "self-induced" and "this is something the family is very much aggrieved by".
Prof Cassidy told the court that she was approached by the DPP and asked to compile a report in relation to Mr Murphy's death, as Prof Harbison was unable to give evidence at Mr Laide's retrial. She was not given Prof Harbison's postmortem report to refer to and heard it for the first time at the inquest yesterday.
"Unfortunately, during discussions, they would not allow me access to Harbison's report. They said it would be hearsay."
Prof Cassidy agreed when questioned by Mr Farrell that not having access to the report was "less than ideal".
"I would much rather in these circumstances to have all the information available. The person who carries out the postmortem is always in the best position to give an opinion."
Questioned by Mr Farrell as to whether her conclusions would have been different had more information been supplied to her, she replied: "That's certainly a possibility." She was also not provided with photographs of the teenager's brain or eyewitness accounts of the incident, the court heard.
After hearing about bruising to Mr Murphy's neck for the first time in the postmortem report yesterday, Prof Cassidy said this injury could potentially "cause sudden collapse and death".
She continued that even though Mr Murphy had consumed only a moderate amount of alcohol when the assault took place nearly seven years ago outside Club Anabel in Ballsbridge, Dublin, "even a minor amount of alcohol can have an effect in certain situations".
While most fatal assault cases were relatively straightforward, Mr Murphy's was "very complicated" and while the cause of his death was head injuries, "there is still a huge question over the mechanism", the State Pathologist added.
Following the adjourned inquest into his son's death, Denis Murphy, who was joined by his wife Mary and daughter Clare, said: "We are very, very pleased that the medical evidence has been agreed between all parties."