No charges have been brought in relation to the death of a man outside a nightclub in 2001, writes Barry Roche, Southern Correspondent
'Some people can see their children grow up but we'll never have that with Adrian - we'll never see him mature and settle down and go on to have his own family; we will never see him get any older - we'll always see his face as he is in that picture there." Andrew Moynihan (60), a retired ESB worker, nods towards the photograph of the smiling young man on the mantelpiece at his home at Ballincollie Road, Ballyvolane on Cork's northside as he and his wife Lily prepare for the fifth anniversary of their son's death tomorrow.
No one has ever been charged in connection with Adrian's death outside Sidetrax nightclub in Cork on March 26th, 2001 despite the Moynihans waging a long and often lonely campaign to get justice for the fourth son in their family of five boys and one girl. The campaign has seen thefamily gather a petition with over 18,000 signatures, Andrew twice embark on hunger strikes outside Dáil Éireann in 2003 and Lily win some 5,831 votes in the Munster Euro election of 2004.
It has earned them meetings with the Minister for Justice, Michael McDowell, letters of sympathy and promises of support from politicians of all parties, from An Taoiseach, Bertie Ahern, down, but it hasn't brought them any closer to their goal - justice for their son.
On March 25th, 2001, Adrian (23) and his friend Darragh Forde went to Sidetrax nightclub off Oliver Plunkett Street in Cork city centre after spending the day drinking, during which time they each had around 15 pints. However, door staff at the nightclub refused Darragh Forde entry and in exchanges, according to doorman Tony O'Connell, Adrian threatened to burst his head and those of his colleagues, John Long and Kevin Corbett, who owns the club with his brother, Michael Corbett.
O'Connell told the inquest into Adrian's death, which was held on June 12th, 2002, how the young apprentice mason struck him a blow to the left side of his jaw before he and his colleagues managed to grab him to try to restrain him. The initial blow by Adrian was caught on the club's CCTV camera. It also shows the exit doors to the club being opened and Adrian being dragged through the doors by a number of security staff. What happened afterwards just inside the doors was not captured on CCTV.
"He was lying face down and I was on the lower half of him and another doorman was on the upper half. He struggled for a while and then stopped, struggled some more and then eased up - I asked the other doorman to hold his hands together behind his back," said O'Connell.
Barman David Hickey said he went to help his colleagues and opened the exit doors where he saw Adrian struggling with Tony O'Connell and John Long. "I caught hold of him as best I could. I put my arm around him, around his neck . . . we all tumbled back inside," he said. Hickey told the inquest how he lay on top of Adrian as he struggled and how after Adrian finally relaxed after another period of struggle, both Adrian's arms were put behind his back and he (Hickey) held his arms with one of his arms.
Gardaí arrived and handcuffed Adrian but it soon became clear that he was seriously ill. An ambulance crew gave him CPR and rushed him to the South Infirmary/Victoria Hospital where doctors again gave him CPR but he was pronounced dead at 1.07am on March 26th.
STATE PATHOLOGIST, THEN Deputy State Patholologist, Dr Marie Cassidy carried out an autopsy and concluded at that stage that Adrian, whom she found to be moderately intoxicated, died from asphyxia due to a lack of oxygen due to compression of his neck. However, Dr Cassidy, after hearing the evidence of witnesses at the inquest on June 12th, 2002 and examining the video footage, decided that the cause of Adrian's asphyxia was more complicated than she had first thought. "There was also evidence given today that he had been restrained lying face down and that attempts had been made to prevent him moving. This compounds the asphyxiating process by preventing the chest from moving adequately and therefore restricts breathing," she said.
Dr Cassidy amended her original finding and concluded that Adrian died from restraint asphyxia. Cork City Coroner Dr Myra Cullinane observed that this was new evidence and decided to refer the matter back to the DPP for reconsideration.Gardaí had originally sent the file in July 2001 but the DPP decided against prosecution. Gardaí resubmitted the file with Dr Cassidy's amended finding in September 2002, but the DPP again decided against prosecution, as he did when the file was resubmitted for a third time in July 2003. These decisions surprised gardaí who had arrested and quizzed three men on March 31st, 2001 about Adrian's death. According to a senior officer involved in the case, gardaí strongly recommended that a charge of manslaughter be brought against one individual.
"The DPP recommended no prosecution and said there was insufficient evidence - we were surprised because we felt there was sufficient evidence between the witness statements and the medical and other forensic evidence to go with a charge against one individual.
"Then when Dr Cassidy revised her conclusions after seeing the video tape and concluded that Adrian died from restraint asphyxia, that added further to the case in our view and the file was resubmitted but the DPP still wouldn't run with a charge - not even an assault charge."
The Moynihans remain angry and frustrated that their son, whom they admit had a conviction for assault but whom they say had turned a corner in his life, could go out with a friend for a few drinks and end up dead without anyone being held responsible.
"I don't think we're ever going to get closure," said Lily Moynihan. "I don't think you can in circumstances like this, but at least if we felt somebody was made accountable for our son's death, we could move on some bit - instead we feel as if no one cares if he lived or died."