Family attempt to get Coroner to stand down

The family of a 19-year-old man, who died in unexplained circumstances after becoming separated from friends in 2015, are to seek a judicial review as the Coroner hearing the case refused to recuse himself.

The legal representative for the parents of Brian Gubbins, of Gortlandroe, Nenagh, accused Dr Ciaran MacLoughlin of “objective bias.”

The Coroner for West Galway had not heard any evidence in the case, and was just about to read into the record a long letter received from the family’s solicitor, when Senior Counsel, Margaret Nerney, interrupted and made her formal application.

She said that the family had observed Dr MacLoughlin – who is from Clifden – being brought on a 45-minute “tour” of the relevant riverside locations, where the young man was last seen and where his body was eventually found, by Inspector Brendan Carroll that morning.

“This is meant to be an open, transparent, and fully accountable procedure,” she said.

“They have reasonable grounds to suspect some element of objective bias … my clients told me they saw the Garda gesticulating and highlighting certain locations around the courthouse.

“They have a fear and apprehension, in some way in light of the letter raised by Mr Murphy, our solicitor, that you have pre-judged or come to come conclusion.”

She said that the Coroner’s actions were “most unusual, unorthodox” which “shows concerns about the respect for their rights, and the principals of natural justice.”

Dr MacLoughlin assured Ms Nerney that he accompanied the Garda Inspector as the location in question was very difficult to visualise.

“I felt it necessary to see where he was last seen on the CCTV, and where he was found,” he replied.

“I walked that distance, and I wanted to try and satisfy my own enquiries as to where he had entered the water, and why his passport was found up-water from where his body was found. I wanted to see and visualise what happened in the last minutes or hours of his life.

“I was not being instructed or influenced by a member of An Garda Siochana. In doing so, I was showing my interest and commitment to establish what happened on that fatal morning.”

He said that specifically, his interest lay in three different waterways, a footbridge, a wall, and a building – presumably referred to by witnesses in statements made after the young man’s body was found.

He said that it was his job to answer questions raised in relation to what happened and, thereby, refused to recuse himself from the case.

Ms Nerney then asked for time to consult with her clients, which she was granted, and when the Coroner’s Court eventually reconvened, she made an application to adjourn the case. She indicated that her clients would be seeking a judicial review in relation to the Coroner’s response to her request.

The matter was adjourned to a date in October.

This had not been the first time that the Coroner and Ms Nerney had clashed before any evidence was heard. The Senior Counsel had wanted the entire case recorded using the Court Service’s DAR (Digital Audio Recording) system.

Dr MacLoughlin refused on the grounds that it was not common practice in the Coroner’s Court; that setting a precedent, which he would be doing by granting such a request to Ms Nerney, would prove problematic when the Coroner’s Court is held in other locations – such as in Galway County Council, as they will be later this month – where the DAR system is not available. He also said that the recording would be the property of Court Services – to which he is not attached – and end up in its possession, rather than his.

Ms Nerney said that she had been unable to engage a stenographer locally, and persisted to request the DAR system to be turned on. When the Coroner again refused, she asked for his refusal to be formally noted.

Brian Gubbins had come on a ‘Mystery Tour’ from the University of Limerick to Carbon Nightclub in Galway City on February 12, 2015. However, he got separated from friends, and did not get the bus home with them.

He was last captured on CCTV just before 1am the following morning. He was reported missing to Gardaí, and an extensive search took place in the subsequent days. His remains were found in the water near Bridge Street three days later.