Joe Costello (Dublin Central, Labour)
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I raised this issue previously in the House. A young man was taken into Garda custody in Store Street Garda station on 2 June. He was taken from the station unconscious to the Mater Hospital on the same day. He was in a coma for a couple of months in that hospital, never regained consciousness and died.

The Commissioner subsequently established an internal inquiry under Superintendent Oliver Hanley into the circumstances surrounding the death. Superintendent Hanley was a serving officer in Store Street Garda station for approximately 20 years prior to this date. The commissioner did not provide an independent external person to conduct the inquiry. The report of the superintendent has been produced and it has been sent to the Minister and the Director of Public Prosecutions. I received a reply from the Minister for Justice, Equality and Law Reform on 17 February to the effect that the Director of Public Prosecutions had considered the report and he did not propose to effect a prosecution in the matter.

The next step is the coroner's inquest. A preliminary hearing took place last Friday and the matter will be dealt with again on 2 March. It will be impossible to move forward on 2 March because to date the Garda and the coroner have not produced documentation in this regard. The initial Garda report has not been provided and the final report conducted by the superintendent has not been provided to the solicitor of the family. No clothing or other items belonging to the deceased have been provided. It is scandalous the family of the deceased must go to court to get the items of clothing, have them forensically examined independently and get the Garda reports. When the coroner's inquest takes place, it will not be an inquiry in its own right because it just deals with the proximate circumstances, who died, when they died and where they died.

One must examine the requirements under the law, particularly the requirements under the Constitution, which require that there would be an investigation under Articles 38 and 40 in regard to someone who died in circumstances of this nature, and under the European Convention on Human Rights, which we transposed into law in 2003. Article 2 requires that any death in State custody must be inquired into.

There has been an internal Garda inquiry, which is not in any sense a neutral investigation. There will be a coroner's inquest, the scope and functions of which are extremely limited in terms of medical grounds, and there is no information so far as to how a young man in the prime of his life should have died so suddenly after his arrest. Under the Police Act 1924, the Minister established an inquiry into the Brian Rossiter case in Clonmel. This inquiry is under way and deals with the case of a young man of 14 years who died in a Garda cell in Clonmel. I expect the Minister for Justice, Equality and Law Reform to consider the establishment of a similar type of independent investigation into all the circumstances surrounding the death of Mr. Wheelock.

Seán Power (Kildare South, Fianna Fail)
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On behalf of the Minister for Justice, Equality and Law Reform, I am pleased to respond to the matters raised by the Deputy. Before doing so, however, the Minister has asked me to refer to the tragic human circumstances of this case. The late Mr. Terence Wheelock was found hanging in his cell in Store Street Garda station on 2 June 2005. He was removed to the Mater hospital where he died a little more than three months later. The Minister expresses his deepest sympathy to the Wheelock family for its loss following the death of this young man at the untimely age of 20. Ar dheis Dé go raibh a anam.

A detective superintendent from outside the relevant Garda division was appointed immediately after the incident to carry out a detailed investigation into all the circumstances surrounding the arrest, detention and removal to hospital of Mr. Wheelock. The Minister requested the Garda authorities to furnish him with a report on the matter and a copy of the investigation file was received by him on 2 February 2006. That file was also submitted to the Director of Public Prosecutions who issued instructions that no prosecution should ensue.

According to this report, Mr. Wheelock, along with three others, was arrested at approximately 12.10 p.m. on 2 June 2005 in connection with the offence of unauthorised taking of a vehicle under section 112 of the Road Traffic Acts 1964 to 1994 and conveyed to Store Street Garda station. One of the others arrested was also conveyed to that station while the other two were conveyed to Mountjoy Garda station. Upon arrival, Mr. Wheelock was processed, subjected to a search and placed in a cell in accordance with standard procedures. A firm of solicitors nominated by him was contacted on his behalf.

When checked shortly after 2 p.m., he was apparently alive and well. At approximately 2.40 p.m., however, he was found suspended by a ligature, which in turn was suspended from a permanent fixture in the cell, an alarm buzzer panel. The ligature used was the cord from the waist band of his tracksuit. He was taken down, cardio-pulmonary resuscitation was commenced and an ambulance was called. Notwithstanding these efforts, Mr. Wheelock died in the Mater hospital some three months later.

The Wheelock family, through its solicitors, declined to co-operate with the Garda investigation and to allow access to Mr. Wheelock's medical records. Consequently, the Garda report was unable to countenance specific issues that might arise therefrom. It contains, however, 61 statements from members of the Garda Síochána, prisoners held in Store Street station at the same time and other relevant persons as well as a report from the chief State pathologist, Dr. Marie Cassidy.

I understand an inquest into Mr. Wheelock's death opened on Friday, 17 February 2006 but has been adjourned until 2 March. An inquest is an independent inquiry to ascertain the cause of death and the coroner has statutory duties and powers, including the power to call witnesses, in regard to the holding of an inquest. He or she cannot consider questions of civil or criminal liability. The Minister will consider the matter further when the inquest has been completed and a verdict returned. At this stage, however, he is not disposed to make any further comment on this case.

Every death arising from injuries occurring in Garda custody is a serious matter and I assure Deputies that it is taken seriously by the Minister for Justice, Equality and Law Reform. There has not been a satisfactory and standardised mechanism in the past for dealing with issues of this type but the Minister has taken steps to address this. In future, the new Garda ombudsman commission will be obliged, under section 102(2) of the Garda Síochána Act 2005, to ensure there is an investigation into any matter that appears to indicate to it that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person. Work is progressing apace on the establishment of the commission and the recent report of the Garda Síochána Act implementation review group, chaired by Senator Maurice Hayes, expresses satisfaction with the transitional arrangements for the establishment of the commission. A full copy of the group's report is available on the website of the Department of Justice, Equality and Law Reform.