The Dublin City Coroner is to examine two conflicting reports from the State's top pathologists in a bid to establish how student Brian Murphy died after being assaulted outside Anabel nightclub in Dublin.
Dr Brian Farrell said he will be speaking to both State Pathologist Professor Marie Cassidy, and her predecessor Prof John Harbison, as he begins the task of uncovering how the young man died.
Mr Denis and Mrs Mary Murphy,parents of Brian Murphy, speaking outside the Circuit Criminal Court in 2004. Photograph: Eric Luke, Staff Photographer.
At a brief hearing in the city's coroner's court, Dr Farrell told Brian's parents, Denis and Mary, the inquest would be thorough and as flexible as possible to precisely determine the cause of death.
There are major differences of opinion between the two experienced pathologists on how Murphy died.
Prof Harbison said blows were delivered with considerable force, causing swelling in the teenager's brain and this was the cause of death. But Dr Cassidy said his head injuries were relatively minor concluding the more likely cause of death was alcohol-induced apnoea.
Dr Farrell told the Murphys an issue had arisen in relation to the cause of Brian's death and he was prepared to depart from normal procedures to try to clarify the cause of death.
It is almost six years since he died after being kicked and beaten in an assault outside Club Anabel in the Burlington Hotel.
At the reopening of the inquest, the Coroner's Court heard the register of death states that Brian died from swelling of the brain due to head (facial) injuries.
That assessment was based on the pathology report from Prof Harbison. The court heard both pathologists may be asked to attend the inquest to hear evidence from other experts, but it is unclear if Prof Harbison will be well enough to do so.
The pathologists' differing opinions were partly to blame for the collapse of the re-trial of Dermot Laide, who had been accused of Brian's manslaughter, not going ahead.
The Director of Public Prosecutions entered a nolle prosequiin the case, letting the matter stand, at Dublin District Court and Mr Laide was allowed to go free. But it is understood Prof Harbison's ill-health was also a factor as he is too sick to give evidence in court.
Dr Farrell also said the doctors who cared for Brian at St Vincent's Hospital are to be called to give evidence, but it is understood one of those now lives in Malaysia. Witnesses may be recalled at any time, all medical records including x-rays and scans, doctors' assessments, notes and opinions, Garda reports, technical, pathological and forensic evidence will be looked at.
Dr Farrell revealed he would immediately be writing to officials St Vincent's seeking medical reports of Brian's final hours from all the main clinicians involved. Gardai are also to be asked to provide all relevant exhibits.
The Murphys will also be given access to the Book of Evidence, but Dr Farrell warned legal restrictions may prevent him from handing a copy of it over to them.
The inquest was adjourned until September.