The Dublin City Coroner, Dr Brian Farrell, is to institute High Court proceedings against the widow of a criminal who has failed to co-operate with the inquest into his death.
Adjourning the inquest on Mr Gerard Lee, of Seabury Park, Malahide, Dublin, for the eighth time yesterday, Dr Farrell said he would request the Chief State Solicitor to bring proceedings before the High Court in respect of the non-attendance of Mrs Linda Lee.
He said he was forced to invoke Section 38 of the Coroners Act 1962, which allows the High Court to punish any person found to be in contempt of the Coroner's Court in the same manner as if the person had been in contempt of the High Court.
The section allows the coroner to certify the offence and for the High Court to hear witnesses against and on behalf of the person charged with the offence before deciding on a punishment.
Several witness summonses have been served on Mrs Lee, but she has failed to attend at the Coroner's Court on six occasions. The most recent summons was served at her Malahide home on April 21st. It was endorsed with details of the sanctions the coroner may seek to take against her for her non-appearance.
Garda Desmond Martin, of Malahide Garda station, said he served the summons on Mrs Lee and read over the endorsement to her.
Having called Mrs Lee yesterday, Dr Farrell said he was forced to take action against her.
"She is an important witness, but she has not attended. I am not in a position to proceed with the inquest without her," he explained to Mr Lee's brothers and sisters, who have been in the court on each occasion the inquest has been called.
At a previous hearing Mrs Lee refused to sign the deposition she had made and said she wished to change it.
Mr Lee was shot twice, in what has been described as a "gangland hit", while he was attending a house party at Ferrycarrig Park, Coolock, Dublin, on March 9th, 1996, his birthday. A lone gunman entered from the rear of the house and singled out Mr Lee. He was dead on admission to Beaumont Hospital.