Family of murder victim Liam Murray secure High Court order stopping inquest into his death
Published 11/09/2015 | 16:35
The family of murder victim Liam Murray have secured a High Court order restraining next Monday's inquest into the 42-year-old's death from proceeding.
The family want the hearing put on hold until their challenge against Dublin City Coroner Dr Brian Farrell refusal's to furnish them with the Garda investigation file into their brother's killing has been determined by the High Court.
Mr Murray, a mechanic, was shot dead in his home at Rockbrook Cottage, Cruagh Road, Rathfarnham on St Patrick's day 2009. A Garda file was sent to the DPP, who deemed there was insufficient evidence to charge any persons in respect of the killing.
An inquest into Mr Murray's death, which had been on hold for some time, had been fixed for next Monday.
Read more here: Find our brother's killer and end this hell
However Mr Murray's sisters Fiona, Mairead, Siobhan and Patricia Murray asked the High Court to stop the inquest from going ahead because they are unhappy with the Coroner's decision not furnish them with a copy of the Garda investigation file into their brother's death.
It is claimed Dr Farrell made his decision after the Garda Commissioner, asserting a public interest privilege over the material, requested that the file not be disclosed to the Murray family and their legal representatives.
On Friday at the High Court the family's barrister Breffni Gordon Bl said the family, deeply disturbed and upset over the loss of their brother, fear an effective and independent inquest cannot be conducted unless they are given access to the criminal investigation file.
Permission to bring the challenge was granted on an ex-parte basis by Mr Justice Anthony Hunt. The judge, who placed a stay on the inquest from proceeding until the High Court action has been determined, adjourned the case to a date in November.
In their proceedings, against both Dr Farrell and the Garda Commissioner, the siblings seek an order quashing the coroner's decision not furnish them with a copy of the investigation file into their brother's death.
Read more here: Two held over 2009 fatal shooting of mechanic
They also seek declarations from the court including that Dr Farrell lacks the jurisdiction to make decisions in the course of an inquest on an assertion of public interest privilege.
They further seek a declaration that the Garda Commissioner has wrongfully asserted a claim of public interest privilege over the investigation file.
Moving the application Mr Gordon told the court that in advance of the inquest the family only received selective materials from the Coroner. This led to discussions involving the parties, as the family claims they require access to all relevant material.
In June Dr Farrell, who was provided with the investigation file by the Gardai, turned down the family's request that their advisers be provided with the Garda investigation file.
The inquest, the family says, is their only opportunity to discover from an independent and impartial body the true circumstances under which their brother was murdered.
The family have actively sought information and explanations relating to the circumstances that gave rise to their brother's murder. Mr Murray worked as a mechanic and was a person with no prior convictions.
Before his death, threats were made to his life and had been reported to An Garda Siochana. There remains some disquiet in relation to the manner in which this information was processed and treated, the family also claim.