A NEW report into the death of Terence Wheelock in garda custody in 2005 states that there appears to have been "reconstruction" of vital evidence, the Sunday Tribune has learned.
The report was not seen by the Coroner's Court jury, which last Friday concluded by a four to three majority that Wheelock had committed suicide. It will now play a vital role in planned legal proceedings to be taken by the dead man's family, who claim he was mistreated in a cell.
Wheelock, 20, from Summerhill in Dublin, was found unconscious in a cell at Store Street garda station in June 2005, after he apparently tried to hang himself with a cord from his tracksuit bottoms. He died from complications of this injury three and a half months later at Dublin's Mater hospital. His family has maintained that the circumstances of his death differ from the garda version of events, and that he was mistreated in custody.
The Wheelock family recruited an independent engineer, Dublin-based J Desmond Kirwan Browne, to inspect the garda cell as well as photographs of where Wheelock was discovered hanging with a cord from his tracksuit bottoms attached to a broken alarm panel. His report, seen by the Sunday Tribune, states: "It is my opinion that it is most highly probable that garda photograph 'G' is a reconstruction. It does not represent the situation that would pertain if the cord, after being put in position, was subjected to some relatively small downward tension." Photograph G depicts the ligature attached to the broken alarm panel taken after Wheelock's removal from the cell.
The report continues that it "may be the case that instead of removing the cord from Mr Wheelock's neck by loosening the noose, which would be the expected emergency response, that the cord was first removed from the bell plate and repositioned subsequently for the photograph."
The report, received by the family's legal team the evening before the inquest resumed on Thursday, was not submitted to the coroner for examination. Dublin city coroner Dr Brian Farrell earlier ruled that he had no jurisdiction to call independent experts to give evidence at an inquest.
"Because of how late we received the report, and because of the coroner's earlier ruling in relation to the admissibility of independent reports, we did not submit this report, " the family's solicitor Yvonne Banbury told the Sunday Tribune. "I understand the coroner is restricted in terms of his jurisdiction and what he can investigate. But I think the jury should have had the opportunity to view this independent report as well as the others.
It is not for me to speculate whether the verdict might have been different had they seen this report."
The family's legal team also commissioned another two independent forensic reports for analysis of Wheelock's clothing. These two reports were not admitted as evidence at the inquest, but the coroner did refer in part to one of them.
A report by Lee John Fagan, a forensic scientist with Keith Borer consultants in Durham, England, notes heavy blood-staining of "3cm in diameter" on Wheelock's boxer shorts, which also soaked through to his tracksuit bottoms. His report, seen by the Sunday Tribune, continues that the "injuries fit with blood loss from Mr Wheelock's anus". His findings were not discussed at the inquest. The report, dated 8 December 2006, continues that it does not appear the injuries were a result of medical intervention or a previous medical condition.
An opinion on his findings was given by Dr Carl Gray, a consultant forensic pathologist based in Leeds, who carried out a second post-mortem on Wheelock's body. His report, also seen by the Sunday Tribune, states: "There is evidence of bleeding from the anus. Anal bleeding is not a usual feature of hanging cases. I have never seen this in many various hanging cases in my experience. . . The blood staining of the clothes remains unexplained."
Despite this, there was no "particular evidence to suggest an assault, " the report continues. Dr Gray added that although vomiting may occur from an initial hanging attempt, which would be nauseating, he notes that there was no double ligature mark on Wheelock's neck to suggest repeated attempts at hanging and he says the most likely explanation is that the T-shirt was previously vomited upon. Some of Dr Gray's findings were commented on by the coroner at the inquest.
Dr Hilary Clarke, a forensic scientist at the forensic science laboratory in Dublin, gave evidence that blood-staining on Wheelock's clothing was "in my opinion consistent with medical interventionf That's my limited understanding but I'm not a medical doctor." A femoral line had been inserted in Wheelock's upper right thigh to administer medication. No physician involved in Wheelock's care at the Mater gave evidence at the inquest.
State pathologist Professor Marie Cassidy gave evidence at the inquest on Thursday that cuts and bruising on Wheelock's body did not contribute to his death or suggest a serious assault but some required "further explanation". When questioned, she added that cuts and bruising to his hands "could have occurred in an assault situation" but that this was "speculation".
The Wheelock family now await a decision from the Garda Ombudsman Commission as to whether it will investigate the circumstances of the death.
Failing that, the family may take the case to the High Court appealing for an independent public enquiry under the European Convention of Human Rights, according to their solicitor.
"This is not the end, it's the beginning, even though we're disappointed with the jury's verdict. We have our independent expert reports that haven't yet been able to be considered in full in the public domain, " said Larry Wheelock, brother of the dead man. "We have the evidence that shows an independent enquiry is warranted. We will not rest until we get it."
WHEELOCK DEATH: TIMELINE OF EVENTS
September 2005: A month after Wheelock's death following an attempted hanging, his family insist he suffered bruises and cuts to his body and call for an independent inquiry into his death. These allegations are denied by the authorities.
January 2006: A garda file following an investigation into Wheelock's death is sent to the Director of Public Prosecutions (DPP). The following month, the DPP directs there be no prosecutions.
February - August 2006: Months of legal wrangling between the Wheelock family's solicitors and the Department of Justice comes to an end. The family's forensic experts are permitted to examine his clothing in Dublin.
November 2006: The inquest into his death is adjourned so that State Pathologist Dr Marie Cassidy can view photographs that depict abrasions and minor lacerations to Wheelock's body taken at the Mater hospital.
July 2007: The jury cannot unanimously agree on a verdict at the resumed inquest. A majority verdict of four to three return a verdict of death by suicide and make recommendations urging the introduction of CCTV cameras in all Garda stations.
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