Family call for public enquiry into Garda handling of father's death

The family of a Donegal man who was unlawfully killed in 2012 will ask for a full public enquiry regarding what they have called 'systemic failings' in the Garda investigation.

Father-of-four Seamus Mr Doherty was aged 67 when he was found dead in the bathroom of his home at Drumacnoo, Churchill.

Last week, a jury of four men and two women ruled, after a three-day inquest, that Mr Doherty died as a result of an unlawful killing.

At various stages of the inquest, the Garda investigation and procedures followed came under intense scrutiny from Mr Barra McGrory QC, who represented the four children of the late Mr Doherty.

Seamus Doherty died of an unlawful killing, inquest finds

Churchill man Seamus Doherty was strangled to death at his home in June 2012

In a statement to Donegal Live, the family of the late Mr Doherty say that the investigation 'raised serious concerns about the way in which unnatural deaths are investigated in Donegal'.

The family have asked for a public apology and say An Garda Siochana should implement the nine recommendations made by the jury.

“We will be calling upon the Minister for Justice for a public inquiry regarding the systemic failings in this case,” the Doherty family said.

“Thus far, there have been no consequences and an individual has got away with murder in our county.”

The jury, having delivered its unanimous verdict that Mr Doherty died as a result of an unlawful killing and that the cause of his death was cerebral hypoxia as a result of asphyxia caused by compression of the neck, issued its recommendations.

The recommendation were presented under three headings: Communication; Recognition of Evidence; and Practices.

JURY RECOMMENDATIONS

Communication

1. An Garda Síochána should ensure that crime scene logs are recorded electronically in real time, and shared and updated by the relevant personnel as events develop.

2. All information gathering from witness suspects should be conducted individually and privately.

Recognition of Evidence

3. Gardai should be trained in the collection and importance of potential forensic evidence, regardless of any preceding interactions.

Practices

4. Additional training is required so that gardai who attend a scene treat each witness as a suspect regardless of their relationship to the deceased.

5. An Garda Siochana should alert the state pathologist immediately for any level of suspicion.

6. All personnel should be responsible for the upkeep of their equipment and arrive on scene fully equipped.

7. It would be good practice for garda to request, on a voluntary basis, any additional materials of witnesses/suspects (e.g. forensic evidence).

8. It would be best practice if all gardai were trained and aware of the procedures and limitations of local and state pathologists.

9. The pathologist should be fully briefed on the circumstances surrounding the events prior to the acceptance of the remains.

The Doherty family said: “It is in both the interest of the public and bereaved families that an Garda Síochána implement those recommendations.

“It is vital that an Garda Síochána are subject to robust investigation of the highest standard. They are public servants and must be held to account at an individual and corporate level when things go so badly wrong.

“Our concerns were raised to an Garda Síochána after the release of our father’s body and rather than engaging with our families concerns, the Donegal Management Division of an Garda Síochána focused on shifting the blame.

“This provides no reassurance that the systemic failures will not occur again.”

A murder investigation was launched and a man, Samuel James Clarke from Magherennan, Raphoe was subsequently due to stand trial in connection with the death.

However, the murder charge was withdrawn at the Central Criminal Court following the death of a key witness in the case.

A Garda, who went to the Doherty household to relieve a colleague tasked with preserving the scene, admitted that she erred in allowing Clarke, who was in the house on the night Mr Doherty died, to remove his vehicle from the yard.

This was among the issues raised by the Doherty family in relation to the investigation.

They said: “There was a failure of the officers to preserve the scene and to formally designate a crime scene.

“There was a failure by an Garda Síochána to request the State pathologist in direct conflict with their own protocols.

“We heard evidence regarding serious issues with communication We heard evidence that due to the Garda Detective accompanying our father’s body to the morgue failing to notify the pathologist that the death was suspicious the body was washed and clothes removed prior to forensic evidence being obtained.”

In November, 2012, the Doherty family lodged a formal complaint to GSOC.

In February, 2017, over 4 years after the initial complaint was lodged, the family were notified that one member of An Garda Síochána has been found in breach of the discipline regulations.

In November 2018, GSOC recommended disciplinary proceedings in respect of the Superintendent and Sergeant who were involved in the initial decision making at the scene of the murder but the Garda Commissioner at that time, did not apply a sanction in respect of the senior officers.

GSCO's recommendations over disciplinary proceedings, it said in correspondence to the complainants, which has seen by Donegal Live, 'related to neglect of duty arising from the management of the scene and witnesses as GSOC was of the view that evidential opportunities may have been lost and the crime scene compromised by the actions or inactions of some members of an Garda Síochána who attended the scene'.

While Gardai initially treated it as a sudden death, a subsequent post-mortem showed that father-of-four Mr Doherty had been strangled to death.

The former State Pathologist, Professor Marie Cassidy told the inquest how she conducted a post-mortem on the body of Mr Doherty on June 19, 2012.

The most significant injuries were on Mr Doherty's neck. These injuries showed that forceful pressure was applied to his neck. The scratches suggested an attempt at manual strangulation and Professor Cassidy felt this was 'forceful compression' for a sustained period. This would have subjected Mr Doherty to 'a profound episode of a lack of oxygen'.

There have been 333 people spoken to and 628 lines of enquiry followed.

Some 28 boxes of paperwork and 175 exhibits have been garnered and the case is still open.

The Doherty family said: “All we ever wanted was for an Garda Siochana to hold their hands up and say we made mistakes, to say we could have done better and to take accountability but they have failed to do so. There has been no accountability.”