Butterly v Cullinane
| Jurisdiction | Ireland |
| Judge | Mr. Justice Charles Meenan |
| Judgment Date | 02 November 2022 |
| Neutral Citation | [2022] IEHC 598 |
| Court | High Court |
| Docket Number | [2022 156 JR] |
and
[2022] IEHC 598
[2022 156 JR]
THE HIGH COURT
JUDICIAL REVIEW
Judicial review – Inquests – Legal aid – Applicant seeking an order of certiorari quashing the decision of the first respondent refusing to rule out a verdict of unlawful killing in the inquests – Whether the failure to make any provision for the applicant to apply for legal aid constituted a breach of justice
Facts: The applicant, Mr Butterly, in 1979, became the managing director of Silver Swan Ltd and general manager of the premises consisting of the Silver Swan, the Lantern Room, and the Stardust in Artane, Dublin. The first respondent, Dr Cullinane, was the Coroner for the Dublin District (the Coroner). On 13 February 1981 a “St. Valentines night disco” was advertised for the Stardust. 846 people were admitted to the Stardust that evening. In the early hours of the following day, a fire took place leaving 48 people dead and 128 seriously injured. On 28 February 2022 the High Court granted the applicant leave to seek certain reliefs by way of judicial review, including an order of certiorari quashing the decision of the Coroner, dated 16 February 2022, refusing to rule out a verdict of unlawful killing in the Stardust fire inquests or to exclude the prospect of the inquests conducting an investigation into an unlawful killing by a specified person or persons. The applicant also sought and was granted leave to seek the following reliefs concerning his legal costs: (i) a declaration that the failure to make any provision for the applicant to apply for legal aid to participate in the Stardust fire inquests or to apply for his costs of participating in the said inquests constitutes a failure on the part of the respondents to conduct the said inquests in accordance with their procedures, and/or a breach of natural and constitutional justice, and/or a failure to vindicate the applicant’s rights under the Constitution, including his right to his good name and his right to fair procedures; (ii) a declaration that the provisions of the Constitution require any inquest under the Coroners Acts 1962-2020 to be conducted in accordance with fair procedures and natural and constitutional justice and require that an interested person, including the applicant, must have some means by which he or she may apply for legal aid to participate in the Stardust fire inquests or to seek to recover his costs of participating in the said inquest after its conclusion; and (iii) a declaration that, insofar as the provisions of the said Acts do not provide any mechanism through which the applicant may apply for legal aid to participate in the Stardust fire inquests or to apply for its costs of participating in the inquests, the said Acts are invalid having regard to the provisions of the Constitution and in particular Article 40.3.
Held by Meenan J that the right of access to the courts, a right to your good name and a right to “equality of arms” are not engaged at an inquest held under the Coroners Acts. He concluded that a verdict of unlawful killing was available provided no person was identified or identifiable; the restrictions on the verdict of unlawful killing arose by reason of the provisions of ss. 30 and 31 of the Coroners Acts. He held that the concern of the applicant about his good name did not arise at an inquest hearing. Meenan J held that under the Coroners Acts an inquest is a non-judgmental, fact-finding inquisitorial process. He held that the applicant was entitled to fair procedures in the course of the inquest; however, these procedures are not of the order that arise in an adversarial process. Meenan J held that the applicant was not a party and was not defending himself against allegations as might be the case in civil or criminal hearings; thus the applicant’s right of access to the courts was not engaged at an inquest. Referring to Skeffington v Ireland and the Attorney General [2020] IEHC 296, Meenan J believed that an inquest is an “administrative process”.
Meenan J refused the reliefs sought by the applicant.
Reliefs refused.
JUDGMENT of Mr. Justice Charles Meenan delivered on the 2 nd day of November, 2022
. On 13 th February 1981 a “St. Valentines night disco” was advertised for the Stardust in Artane, Dublin. 846 people were admitted to the Stardust that evening. In the early hours of the following day, St. Valentine's Day, a devastating fire took place leaving 48 people dead and 128 seriously injured. Most of the victims were aged between 18 and 25 and came from the neighbouring areas of Artane, Kilmore and Greater Coolock. I have appended to this judgment a list of the names and addresses of those who lost their lives that night.
. The deaths and serious injury to so many young people resulted in grief and loss to all the families involved. Even though this tragic event took place some 41 years ago, this grief and loss has not diminished and has been compounded by a strong sense of injustice. This injustice focusses on the belief that there has been a failure to properly answer the most basic questions of where and how the devastating fire started.
. The Applicant is a retired businessman. In 1979 the applicant became the managing director of Silver Swan Ltd and general manager of the premises consisting of the Silver Swan, the Lantern Room, and the Stardust. The first named respondent is the Coroner for the Dublin District (the Coroner).
. The Notice Parties to this application are the families of 47 of the deceased and Patricia Kennedy, mother of Marie Kennedy, deceased (“the Families”). The Commissioner of An Garda Síochána and Dublin City Council have also been named as notice parties.
. Following the Stardust tragedy, it fell to the legal system to establish the circumstances and explain the deaths and injuries of those involved. It was also necessary to identify any deficiencies in the relevant building regulations and shortcomings in the fire service so as to prevent such a tragic event occurring again.
. On 15 th February 1981 the Government announced that a public inquiry would be held into the disaster and that this would take the form of a Tribunal to be established under the provisions of the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979. The terms of reference of the Tribunal were broad and included:
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(i) The immediate and other causes of, and the circumstances leading to the fire at the Stardust Club, Artane, on 14 th February, 1981.
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(ii) The circumstances of and leading to the loss of life and personal injury at the Stardust Club on 14 th February, 1981.
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(iii) The adequacy of the legislation, statutory regulations, and byelaws relevant to fire prevention and safety —- and the conduct, running, supervision, and official inspection and control of, the Stardust Club and the adequacy of the application, observance and enforcement of such legislation, statutory regulations, and byelaws in relation to the Stardust Club.
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(iv) Make such recommendations in relation to fire, fire prevention and means and systems of emergency escape from fire their adequacy and enforcement.
. Mr. Justice Ronan Keane (as he then was) was nominated as the Sole Member of the Tribunal (the Keane Tribunal).
. The Keane Tribunal commenced hearing oral evidence on 6 th April 1981 and sat for 122 days. On 30 th June 1982, some fourteen months after its first sitting to hear evidence, Mr. Justice Keane presented his report to the Minster for the Environment.
. The report of the Keane Tribunal is very detailed and extensive. There are ten chapters covering, inter alia, the scene of the fire, the evacuation of the building, the rescue operations, deaths and injuries, cause of the fire and why the fire spread. Chapter 9 sets out specific and detailed recommendations concerning fire safety, requirements to be included in building and management regulations and the enforcement of such regulations. There are also recommendations concerning the structure, organisation, and equipment of fire services. Many of these recommendations have been implemented. Though there have been tragedies over the past 41 years, most recently at Creeslough, County Donegal, these are rare events. The fact that these tragic events are infrequent must be a legacy of the recommendations in the report of the Keane Tribunal.
. Much commentary and subsequent legal steps have concentrated on one aspect of the report namely, the cause of the fire. Page 243 of the Keane Tribunal report states:
“6.204 In these circumstances, the Tribunal has come to the conclusion that the more probable explanation of the fire is that it was caused deliberately. It is also satisfied that it was probably started in the West Alcove and not in the roof space. —-”
. Inquests into the deaths were held over five days from 1 – 5 March, 1982. In respect of every one of the 48 deaths an inquest verdict was recorded in accordance with the medical evidence.
. In June 1983 a claim was brought by the owners of the Stardust for compensation for malicious damage. The Circuit Court determined after a two day hearing that the fire had been started maliciously.
. In 2008 Mr. Paul Coffey S.C. was commissioned by the Government, following submissions by the families, the Stardust Victims Committee, challenging the findings of the Keane Tribunal to consider the Report and to examine the case for a renewed inquiry into the fire. Mr. Coffey S.C. concluded that the finding by the Keane Tribunal that the fire...
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