A split jury has returned a verdict of death by suicide in the case of Terence Wheelock (20), Seán O'Casey Avenue, Dublin, who died in hospital in 2005 after 2½ hours in Garda custody.
The jury of three men and four women returned the four-three majority verdict at Dublin City Coroner's Court at about 5.30pm yesterday.
Mr Wheelock (20) died in the Mater hospital in Dublin on September 16th, 2005. He had spent three months in a coma, having been found unconscious in Store Street Garda station on June 2nd.
Gardaí told the court over the course of the inquest that he had attempted to hang himself with a cord from his tracksuit bottoms. His family continues to dispute this and claims he was mistreated in Garda custody.
In his direction to the jury yesterday, Dublin city coroner Dr Brian Farrell told them Mr Wheelock had suffered irreparable brain damage as a result of "the incident which occurred on the 2nd of June and he remained on ventilation for three months after that".
He said that while the medical cause of death on September 16th had been bronchial pneumonia, "the real cause of death" was damage caused by hanging.
He said that while State Pathologist Dr Marie Cassidy had said wounds to Mr Wheelock's hands - photographs of which she had viewed - "required further explanation", she had also said "they were not necessarily indicative of an assault".
"There was no evidence of third-party involvement," he told the jury. "The evidence would seem to indicate that for whatever reason and out of the blue, Terence Wheelock took his own life. There was no evidence Terence Wheelock expressed suicide ideation or had self-harmed.
"The family is concerned he may have been subjected to physical abuse," continued Dr Farrell. "We don't have any evidence of that. The evidence would indicate Terence Wheelock in fact took his own life."
He told the jury the verdicts available to them were "suicide" "open" or "a narrative verdict" - ie one which simply sets out the circumstances of the death.
Counsel for the family Seán Gillane objected to the option of the suicide verdict, saying it was clear there was "reasonable doubt" about whether Mr Wheelock wanted to commit suicide.
He cited evidence from a number of witnesses, including one of the arresting gardaí who had said Mr Wheelock had been "in good spirits", "calm", "perfect".
Speaking outside the court following the verdict, Mr Wheelock's brother Larry said the family was "very, very disappointed.
"We are happy at least three of the jury didn't come to this decision. We are going to gather ourselves together now and consider our options. The family's legal team was not allowed to call our independent witness and if we had, the verdict would have been different."
He said the outcome was "very painful" for the family which had hoped for an open verdict. "It will continue to be painful but this is far from over. This is just the beginning."
Mr Wheelock's family claims the inquest was not independent as it could only call State witnesses.
The family had two independent forensic scientists carry out analysis of blood and vomit staining on Mr Wheelock's clothes as well as of his injuries.
In May Dr Farrell ruled he had no jurisdiction to call independent experts who would offer evidence rebutting evidence provided by the State.
A spokeswoman said last night that the Department of Justice would now consider the matter of an independent inquiry "in light of the verdict".
