A report by the Office of the Inspector of Prisons into the death of a man in custody in Cork Prison more than two years ago is expected to be provided to his family this week.
Andrew Gearns’ family had expressed concern about a delay in getting the report but were told in recent days they will be provided with it early this week, just days before the inquest into Mr Gearns death opens on February 1st.
The report is expected to include recommendations concerning how deaths like that of Mr Gearns might be avoided in the future and informed sources believe the delay in releasing the report may be a result of the Irish Prison Service (IPS) requiring time to address matters raised in it.
“We are disappointed that it is taking so long to get such an important document because we are anxious to have enough time to fully examine it before the inquest,” Evan Gearns, brother of Mr Gearns, told The Irish Times.
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Mr Gearns said he was also concerned about a delay in the report being provided to the Cork city coroner, Philip Comyn, who is presiding over the inquest.
Andrew Gearns, a 29-year-old father of two from Model Farm Road, Cork, had drug addiction issues and was described as “vulnerable” and “at a very low ebb in his life” when he entered Cork Prison for a minor offence on September 23rd 2020. He died by suicide a few days later.
His family believe, had he received the right intervention and care, he may been saved.
The inquest came before Mr Comyn last September but was adjourned at the request of lawyers for the family because the full 72 hours of CCTV footage from the prison at the time of Mr Gearns’ death had not been provided despite being available.
During that hearing, the coroner raised issues whether risk alerts activated for Mr Gearns during earlier periods in prison, including one after Mr Gearns had described a previous suicide attempt, were provided to medical personnel when he returned to prison in September 2020.
In response to queries from The Irish Times last week concerning the Gearns report, the chief inspector of prisons, Mark Kelly, said the Inspectorate cannot comment on a death in custody investigation in a manner that could identify the deceased.
All current investigations, he stressed, “are being conducted diligently and the resulting reports are transmitted to the Minister for Justice at the earliest possible opportunity, after an extensive fact-checking process”.
“Publication of the Inspectorate’s reports is currently the prerogative of the Minister,” he said.
“It is crucially important that both the family of the deceased and, when relevant, the Coroner receive the Inspectorate’s evidence-based reports in good time, and the Inspectorate always strives to ensure that this is the case.”
The IPS, in a short written response to queries, said: “All deaths in custody are investigated by the Irish Prison Service, the Inspector of Prisons and An Garda Síochána, where circumstances warrant. The cause of death is determined by the Coroner’s Office.”
“Finalised reports of such investigations and any associated Prison Service Action Plan to address recommendations are published by the Department of Justice in an anonymised form.”
A spokesman for the Department of Justice provided a written response saying a number of investigations may be carried out when a person dies in the custody of the IPS. He said all deaths in custody are subject to an independent investigation by the Inspector of Prisons and that the time frame for completion of an investigation varies depending, for instance, on the complexity of the investigation.
Following the investigation, the inspector’s office will make recommendations as to whether any changes in IPS operational methods, policy, practice or management arrangements could help prevent a similar death in future, if appropriate, he said.
These recommendations are forwarded to the IPS to allow it prepare an implementation plan to address them and the final report is submitted to the Minister. Finalised reports and any associated Prison Service Action Plan to address IOP recommendations are published by the Minister in an anonymised form, he said.
Immediately before publication, the inspector’s office will contact the next of kin notifying them of the outcome of their investigation, including the findings and recommendations, if any. Once the report is published by the Minister, a copy of the report will be sent to the next of kin and to the coroner, he said.
