The coroner in the forthcoming inquests into the deaths of 48 people at the Stardust nightclub in 1981 has refused an application from the club's former manager, Eamon Butterly, to exclude 'unlawful killing' as a possible verdict.
Dr Myra Cullinane, in a ruling issued on Wednesday, said that "to rule out any verdict prior to the hearing of any evidence would be manifestly to invert the prescribed process".
She said it was only after all evidence had been heard that “findings” could be made.
Mr Butterly had sought to have the possible verdict of ‘unlawful killing’ ruled out before the inquests got under way, arguing he could face allegations of criminal or civil liability if such a verdict were returned.
His counsel has indicated it may challenge the constitutionality of the inquests under the 1962 Coroner’s Act if the verdict of “unlawful killing” is available to a jury.
Dr Cullinane, in her five-page ruling, said: “It is not appropriate for a coroner to rule out any verdict, on the grounds that it is not possible to know definitively what evidence may be called or what findings may be made on foot of that evidence.
“It is only after this evidence has been heard that an inquest…will ‘make findings’ and consider the appropriate verdicts arising from the evidence that has been heard.
“In any event, it is not within my power as a coroner to investigate allegations of civil or criminal wrongdoing, although it is both my power and my duty to investigate acts or omissions which might in other settings be consistent with such allegations.”
Inquests could, and did, “closely investigate acts and omissions of any persons that may have caused or contributed to the deaths in question without taking the further step of ascribing blame to any person”, Dr Cullinane said.
She said she would, however, once a jury was empanelled, set out the function of the inquest and that there was a “prohibition of consideration of civil or criminal liability” and on “any verdict containing a censure or exoneration of any person”.
If submissions were “necessary” from legal teams on these directions she would hear them, she said.
“I therefore refuse the relief sought,namely a ruling that a verdict of unlawful killing should be ruled out at this juncture,” said Dr Cullinane.
Dómhnaill O’Scanaill, solicitor for Mr Butterly, said he would “study” the ruling.
The Stardust nightclub in Artane, north Dublin, was engulfed by fire on the night of February 13th/14th, 1981, resulting in the deaths of 48 people. Families of the deceased disputed the findings of a Tribunal of Inquiry, chaired by Mr Justice Ronan Keane, which concluded in November 1981 that the "probable cause" was arson.
Though this verdict was put aside and the public record corrected by the Dáil in 2009, the families continued their campaign for a new investigation into the cause of the fire.
Fresh inquests into the deaths were ordered by the then attorney general Séamus Woulfe in September 2019, and were expected to open last year. Delays, including due to rows over whether the families should be entitled to legal aid, have dogged their opening.
It was confirmed last week they would be held in the Pillar Room of Dublin’s Rotunda hospital.
