THE HIGH Court has been asked to halt the inquest into the death of a young woman after she was found hanging from a door in her home less than an hour after an argument was allegedly overheard there. The grounds are that the Dublin County Coroner is allegedly failing to conduct the inquest with an open mind.
Martha Martin, Old County Road, Crumlin, claimed Dublin County Coroner Dr Kieran Geraghty has "closed his mind" as to suicide being the cause of the death of her daughter Pamela Martin (23), a mother of three, in 2004. Mrs Martin claims there were suspicious circumstances surrounding the death, there was no proper Garda investigation and the scene was not forensically examined until 22 days later.
Mrs Martin claims the manner of Pamela's alleged suicide makes no sense and she also alleges a history of violence against her daughter by her daughter's partner, Michael Fagan. She further claims that Pamela was badly beaten before her death.
Mrs Martin is seeking orders and declarations from the court including that the conduct of the inquest breaches her constitutional rights.
Dr Geraghty denies the claims and has denied that he has prejudged or formed a view on the outcome of the inquest.
The hearing of the judicial review proceedings opened yesterday before Mr Justice Patrick McCarthy and continues today.
Outlining the case, Alan Toal, for Mrs Martin, said his client believes the coroner refuses to see the death of Pamela Martin as "anything but straightforward" and has prejudged the cause of death as a suicide despite no proper Garda investigation of the death.
Dr Geraghty had failed to address the family's concerns and his conduct of the inquest to date was such as to create a reasonable apprehension of bias, Mr Toal said. The family believed that if the inquest proceeded, it would be determined on grounds predetermined by Dr Geraghty. The family had taken "great issue with the way the coroner has conducted affairs".
Following informal talks between the family, their legal representatives and Dr Geraghty, it was their view he had stated a "mistaken" view that Ms Martin, who was found to have a quantity of drugs in her blood and urine, was a person with a history of depression and who had attempted suicide in the past. The family denied Ms Martin had a history of attempted suicide.
Mr Toal said she had returned on the evening of February 1st, 2004, with Mr Fagan to their apartment at Grangeview Place, Clondalkin, after a day out with two of their children.
An argument ensued and there was evidence from an independent witness, who heard the argument but did not see it, that it was "of such an intensity and venomous nature it would never be forgotten", counsel said. After some time, it appeared the noise and shouting stopped and some time later the front door of the building was heard to bang.
Some 45 minutes later, Mr Fagan banged on the door of an adjoining building pleading for help and alleging that Ms Martin had hanged herself from the back of a door, counsel said.