An inquest into the death of a prisoner has been adjourned for a further three months after a file for the Director of Public Prosecutions (DPP) was “mislaid”, a coroner’s court sitting has heard.
Michael Devlin absconded from the Shelton Abbey open prison in Arklow, Co Wicklow, in 2020 and remained on the run until he was detained again in January 2024. He died about a month later in Cloverhill Prison.
He died from complications associated with supraglottitis, an acute bacterial infection that can cause severe airway obstruction.
At a preliminary hearing at Dublin District Coroner’s Court on Wednesday morning, Det Insp Brian Hanley sought a further adjournment of three months, as a file has been submitted to the DPP concerning the death.
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Upon questioning from Michael Finucane, representing Mr Devlin’s family, Det Insp Hanley said a file was initially submitted in hard copy form in May.
“Following an inquiry after this date, it became apparent that the file had been mislaid. It was resubmitted approximately two weeks ago,” he said.
The DPP subsequently requested the postmortem report, which was not included with the file. This was requested by gardaí last week.
“I am mystified as to why a file would be submitted to the DPP in relation to a death in custody without the postmortem report,” Mr Finucane said.
Mr Finucane said he had several questions relating to the “expeditious nature of the investigation or lack thereof”.
These included the delay in requesting a postmortem and the delivery and subsequent mislaying of the file for the DPP.
Coroner Dr Clare Keane said the questions were “reasonable” but would not hear such evidence during a preliminary hearing and adjourned the case until November.
In a separate case, the family of a 38-year-old man who died in a workplace-related incident in December 2019 said they are “in limbo” after a request was made for a further adjournment.
Health and Safety Authority (HSA) inspector Frank Kearns sought an adjournment of six months as a file concerning Karl McKeon’s death remains with the DPP.
“I understand the last time I was here, six months ago, it was also with the DPP then,” he said.
Family members present said they were unaware the case would be pushed out again and expressed frustration that they have been waiting almost six years for answers.
“Karl’s five and a half years dead, and it’s destroying our family. We don’t know why he died or how he died,” his mother, Mary, said.
Noting she has been in hospital three times since her son died, she said: “I don’t know if I’m going to live to find out what happened to my son.”
“The HSA had it for a very long time and now it’s been in the DPP’s hands and I think at this stage, we should be having answers and maybe we’d be able to go up to Karl’s grave and know why he’s lying in the grave,” she said.
“I’ve actually rung the DPP myself,” she said, adding that she has “given up”.
“It’s heartbreaking and I can’t do it any more,” she said.
Dr Keane asked the HSA inspector to contact her office if updates arise, and another preliminary hearing will be listed “immediately”. She adjourned the case for a further three months.
Separately, the case of John Murphy, a 41-year-old who died after sustaining extensive burn and blast injuries in an industrial incident at the Stryker plant in Carrigtwohill, Co Cork, has been adjourned for a further six months.
Mr Murphy died at St James’s Hospital in Dublin almost two months after the incident in June 2023.
Mr Kearns said the death is still under investigation by the HSA, but a file will be submitted to the DPP.
