Colm Keaveney (Galway East, Labour)
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I thank the Ceann Comhairle for affording me this opportunity to raise a matter of great concern and sadness on behalf of the Fitzpatrick family of 61 Shannon Park, Portumna, County Galway. I raise this matter with the full consent of the family. As a Government Deputy for the constituency of Galway East, I have been instructed by the Fitzpatrick family to highlight concerns relating to the death of their beloved son and brother Matthew.

Matthew was the second youngest of nine children. He was 34 years old and worked as an interface engineer for Sanmina International. He lived in Mannheim, Germany, for three years prior to his death. On the morning of 11 December 2010, Matthew was found dead in his apartment in Germany. The Fitzpatrick family was not notified of Matthew's death until approximately 7 p.m. on 12 December, a full 36 hours after his death. They were informed of this tragic and devastating news by a member of Matthew's ex-girlfriend's family. To this day, Matthew's parents, Donal and Eileen, have not been contacted by any German official about their child's death.

According to the German police, Matthew's ex-partner Sabrina Krause made the discovery when she arrived at Matthew's apartment at approximately 10 a.m. on the morning of his death. Ms Krause was found a short time later by a neighbour, crying and saying it was her fault Matthew had died. I am referring to commentary from the coroner's report and the report of the German chief investigator. The inquest heard that she had a knife in her hand, had taken an overdose and had to be restrained when she tried to jump out of a window of the apartment block.

On 22 December 2010 the Mannheim police and the state prosecutor closed the case of Matthew's death, stating it was death by suicide. Matthew's body was repatriated to Ireland and to his family on 17 December 2010 and, on the following day, 18 December, the deputy State pathologist in this country identified numerous injuries on Matthew's body to which cause had not yet been established or resolved to the satisfaction of the Fitzpatrick family, injuries such as a blunt force trauma to the back of Matthew's head, numerous contusions and abrasions to Matthew's face and body and a deep injury to his lower back which showed considerable haemorrhaging.

The Fitzpatrick family claim with great concern that the number of injuries identified by the Irish authorities are not referred to or acknowledged in the autopsy report carried out by the German state prosecutor's office. Giving evidence, the Irish deputy State pathologist was unable to clarify the matter further and said suicidal strangulation, suicidal hanging or third party strangulation were all possibilities in this regard, which is completely contrary to the outcome of the pathologist's report in Germany.

It has been confirmed at the Irish inquest that Matthew had a friendly encounter with a married woman many months prior to his unfortunate death and that as a consequence of this brief situation, Matthew was subjected to a process of up to 20 unwelcome and unintended telephone calls days prior to his death. The coroner, Dr. Kieran Geraghty, had advised the jury they should not bring in a verdict of suicide if they had any doubt with regard to the verdict. A jury of nine Irish citizens recorded an open verdict after the hearing of that evidence.

In this regard I call on the Tánaiste and the Minister for Foreign Affairs to meet the Fitzpatrick family with a view to identifying with the concerns set out by them. It is critical that a family haunted by the tragic loss of a brother and son are satisfied by Government that it can be an agent of support if or when an injustice is perpetrated against an Irish citizen in this country or abroad.

Eamon Gilmore (Dún Laoghaire, Labour)
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I extend my sincere condolences to the extended family of Matthew Fitzpatrick. It is very traumatic for any family to learn of the death of a loved one, and for this to have occurred overseas, in tragic circumstances, can only increase the family's distress.

My Department was first alerted to the death of Matthew Fitzpatrick in Mannheim, Germany on 13 December 2010. I am informed that the German authorities returned the cause of death as suicide. When the remains were repatriated to Ireland, however, a post mortem examination was carried out in Dublin by the deputy State pathologist. I understand that on 22 April at the Coroner's Court in Dublin, a jury returned an open verdict on the cause of death. I am also informed that the family wishes to have the police investigation in Germany into the death reopened. I assure the Deputy and the Fitzpatrick family that my Department will continue to provide all possible consular assistance to the family and will continue to facilitate their dealings with the relevant German authorities in the pursuit of their aims.

As I am sure Deputy Keaveney will appreciate, any reopening of a police investigation may raise the possibility of future legal proceedings. As I would not wish to prejudice any matter which may be put forward for the determination of a court, I will limit my comments in this case to the consular case involved and the consular assistance provided thus far by my Department to the deceased's family.

My Department has been in contact with the deceased's family since our notification of the death on 13 December 2010. Consular assistance has been provided by our embassy in Berlin and by our consular assistance section here in Dublin. I understand that the arrangements made by my Department have included facilitating contacts with police, undertakers and lawyers in Germany and with the Dublin County Coroner's Office and the Garda Síochána in Ireland.

An officer from our embassy in Berlin travelled to Mannheim on 15 December 2010 and met relatives of Matthew Fitzpatrick. Our embassy supplied details of English-speaking funeral directors in the region to assist the family in making arrangements for repatriation. The embassy provided assistance in dealing with the mortuary, local authorities and the appointed funeral director on behalf of the family. The embassy also supplied a list of English-speaking lawyers practising locally in order that the family could get professional legal advice on the case and the procedures involved. I believe that, following repatriation of Matthew's remains, our embassy provided unofficial translation services for a considerable amount of documentation to facilitate the family's contacts with the German authorities and also translated a number of representations made by the family into German, as Mannheim police had made clear that they were unable to process communications in English.

Subsequently, the family expressed their desire to gain access to Matthew's apartment to retrieve his personal effects and informed our embassy that an embassy liaison person was required for this purpose by the Mannheim police. An officer from our embassy again travelled to Mannheim on 7 January to assist the family in this process and provided assistance in mediating between the family of the deceased and the family of his former partner.

I am also informed that our embassy requested the assistance of the Garda liaison officer in The Hague, Netherlands, to assist the family further. My Department understands from our contacts with the family that this link with their local gardaí has been much appreciated and that the response received overall from the Garda Síochána has been of great support to them. In addition, our embassy in Berlin provided unofficial courtesy translations of extensive police notes on the man's death.

On 22 March 2011, the Garda liaison officer based in The Hague and the officer from our embassy in Berlin travelled to Mannheim to meet the police officer who led the investigation into the death. I understand a senior representative of the state prosecutor's office of Baden-Württemberg was also present and at this meeting. Our embassy, I am informed, assisted the family to communicate their concerns regarding the manner in which the police investigation had been conducted.

It is the understanding of my Department, at this point, that the state prosecutor's office in Baden-Württemberg is now considering the report of the Coroner's Court in Dublin. Clearly, it would not be appropriate for me to interfere with any investigation under way in that jurisdiction. As I am sure Deputy Keaveney will be aware, the German authorities are fully expected to deal with all operational matters involved in such an investigation. I am also informed that my Department has advised the family to take professional legal advice on their current position and on the legal options now open to them to pursue this case.

As I mentioned earlier, my Department, through our embassy in Berlin and our consular section in Dublin, will continue to provide all possible consular assistance to the family and will continue to facilitate their dealings with the relevant German authorities in the pursuit of their aims. I assure Deputy Keaveney that I will take a personal interest in the matter and will continue to liaise with him on it.