Three pathologists are to give medical evidence at a preliminary hearing of the inquest of student Brian Murphy after controversy arose surrounding his cause of death, it was ruled today.
In an unprecedented move, Dublin City Coroner Dr Brian Farrell said he would allow reports from three experts be presented at a hearing on the case of the student who died after an assault outside Club Anabel in Dublin's Burlington Hotel in August 2000.
The 18-year-old's parents Denis and Mary Murphy contracted Northern Ireland-based forensic pathologist Dr Derek Carson to carry out an independent review of the evidence after differing causes of death were given by former State Pathologist Prof John Harbison and his successor, current State Pathologist Prof Marie Cassidy.
Dr Farrell said he will decide following the preliminary hearing, which will not be heard in front of a jury, what medical evidence will be admissible for the full inquest.
The move followed legal argument that found the coroner has the power to hear from an expert witness who did not carry out a post mortem exam.
"This situation is unprecedented in my experience," said the coroner. "We will question the medical cause of death and issues to be put before the jury on the second day. "Depending on the issues arising on the first day in the absence of the jury I might have to take a decision in relation to the DPP case."
At a previous sitting, the coroner said it remained to be determined whether the coroner has the power to hear from an expert witness such as Dr Carson as he did not carry out Mr Murphy's post mortem.
Dr Harbison, who carried out the post mortem examination on the student's remains, said blows were delivered with considerable force, caused swelling in the teenager's brain which resulted in death.
Dr Cassidy's examination of the student's death found his head injuries were relatively minor finding the more likely cause of death was alcohol-induced apnoea.
The varying opinions of the pathologists were partly attributed to the failure of the trial of Dermot Laide for the student's manslaughter to go ahead last April.
The Director of Public Prosecutions entered a nolle prosequi in the case. It was also understood the ill-health of Professor Harbison was a factor as he was too sick to give evidence.
The preliminary inquest hearing will be held on March 29 th.
PA