Woman wins case over delayed prison death inquest

Written By Unknown on Selasa, 09 Desember 2014 | 22.40

A Co Antrim woman has won a case at the European Court of Human Rights in Strasbourg against the UK government over the length of time it has taken the authorities to carry out an inquest into her son's death in Maghaberry Prison.

Elizabeth McDonnell's son James was found in an isolation cell in Maghaberry on 30 March 1996, following an incident during which he had had to be restrained by prison officers.

All attempts to resuscitate him were unsuccessful.

It emerged during proceedings in Strasbourg that it took 17 years for the inquest into her son's death to be held.

An initial autopsy concluded that Mr McDonnell had died from a heart attack, and that the possibility that the stress of the incident when he was restrained could have played some part in his death could not be completely ruled out.

Prison officers were interviewed in March and May 1996, and, in May 1997. Authorities decided not to prosecute anyone in connection with the death.

According to a statement issued after the judgment in Strasbourg, the inquest did not take place until April 2013.

The statement said that pending litigation was one factor.

When the inquest finally ended in May 2013, it concluded that the factors which had contributed to Mr McDonnell's fatal heart attack were: the initial restraint by prison officers; neck compression; the control and restraint procedure carried out against him; an underlying heart condition; and emotional stress.

The inquest further found that there had been a failure in the duty of care towards prisoners in Mr McDonnell's case.

The case was referred back to the prosecuting authorities and a decision whether to commence any criminal prosecutions is currently pending.

Under Article 2 (right to life) of the European Convention on Human Rights, Ms McDonnell complained about the excessive delay in the inquest proceedings.

This morning the court ruled that there had been an excessive investigative delay in her son's case. 

She was awarded €10,000 in damages and €8,000 in costs.

Both sides have three months to appeal the decision.


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