Murphy family seek Cassidy's pathology reports

The family of student Brian Murphy who died after being assaulted outside a Dublin nightclub today sought the materials State…

The family of student Brian Murphy who died after being assaulted outside a Dublin nightclub today sought the materials State Pathologist Marie Cassidy used to determine his cause of death.

After issues arose earlier this year over conflicting views on the cause of death of the 18-year-old, Dublin City Coroner Dr Brian Farrell said it would be clarified at an early stage in the inquest.

It emerged there were stark differences of opinion on the cause of death between now retired State Pathologist Prof John Harbison and Dr Cassidy who later examined the materials and drew up a report.

Celine O'Reilly, a solicitor for the Murphy family, who were represented by his father Denis Murphy and sister Claire at the inquest, asked the coroner if it would be possible to be given the materials from which Dr Cassidy drew up her report on the death.

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At the brief hearing at the Coroner's Court today, Dr Farrell said he did not expect any difficulties but he would have to contact the State Pathologist's office for the report.

The family also sought the post-mortem photographs which were issued to Dr Cassidy when she was drawing up her report.

Dr Farrell said the family would be given the Garda book of evidence, records from St Vincent's Hospital and he would seek the photographs through the Gardai's barrister Stephen Byrne.

It is six years ago since Brian Murphy died after being kicked and beaten in an assault outside Club Anabel in Dublin's Burlington Hotel.

Prof Harbison said blows were delivered with considerable force, causing swelling in the teenager's brain and this was the cause of death.

However, Dr Cassidy, who did not carry out the post-mortem but examined materials, said his head injuries were relatively minor finding the more likely cause of death was alcohol-induced apnoea.

The coroner said the inquest would try to deal with the issue of the exact cause of death at an early stage.

Dr Farrell said: "In view of what transpired earlier in the year in relation to Brian's death. I thought we might deal with that first. "I think it might be appropriate and proper practice to clarify the cause of death early in the proceedings as matters may turn on that."

The coroner said there was the report of Prof Harbison and the report of Dr Cassidy to be dealt with. He said there were both procedural and for legal reasons best dealt with it at an early stage.

The differing opinions of the pathologists 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 last April.

The Director of Public Prosecutions entered a nolle prosequi in the case and Mr Laide was allowed to go free.

The ill-health of Prof Harbison is also understood to be a factor as he was too sick to give evidence in court.

The inquest was adjourned until October 6th next to address the issue of the family being given the post-mortem photographs.