JURY’S OUT IN STARDUST CASE
Panel to deliberate evidence over deaths of 48 people in nightclub
THE jury in the Stardust inquests has retired to deliberate on a verdict over the deaths of 48 people in the 1981 fire tragedy.
The inquests began in April last year and have heard evidence from 373 people.
The fire in Artane in north Dublin broke out in the early hours of Valentine’s Day in 1981.
The new inquests, which are the longest held in Ireland, are coming to an end following months of evidence.
Coroner Dr Myra Cullinane yesterday gave the jury details of the five verdicts it may return: accidental death, death by misadventure, unlawful killing, open verdict or a narrative verdict.
She said an accidental death verdict may be returned where a sudden or unanticipated occurrence leads to a death.
The legal test for accidental death is on the
CORONER balance of probabilities. Death by misadventure, Dr Cullinane explained, is where something has happened which appears to be an accident and leads to a death.
She added however, there is an additional feature of a risk that has contributed in a significant way to the death.
The coroner reminded the jurors they must not attribute any blame to anyone for the risks
that may have been present. Turning to the verdict of unlawful killing, Dr Cullinane said this finding is for situations of the “most serious kind”.
She told the jurors that they must carefully consider the legal rules and whether they are entitled to make a finding of unlawful killing.
Dr Cullinane reminded jurors that they must not identify anyone, either directly or indirectly, in their findings.
She added: “This prohibition is most clearly relevant to the verdict of unlawful killing.
“The kind of death that will lead to
a verdict of unlawful killing is one that fulfils the criterion of something altogether more serious than the other types of deaths that I’ve referred to.”
Explaining the test the jurors must apply, the coroner said: “For this particular verdict, there is a very specific test which you must apply before you can return that verdict.
“You must find firstly that there has been a failure by a person or persons to a very high degree to observe such a course of action as experience shows to be necessary, if substantial injury to others is to be avoided.”
The jury may also consider an open verdict or narrative verdict.
The jury is to return next Wednesday following the Easter break to continue deliberations.