The Irish Human Rights Commission (IHRC) has granted legal representation to a family member of a man who died while on temporary release from prison to appear before the Coroners Court. In granting the legal representation, the IHRC took into account that the State has no formal system for granting legal aid to next of kin before inquests where the responsibility of the State may be engaged in relation to the death.
The deceased died of an apparent overdose of methadone, which had not been prescribed to him. The deceased had been experiencing mental health problems before going to prison as well as during his time in prison up to the point of his temporary release. The IHRC in making submissions to the Coroner seeking that additional witnesses be called, submitted that the full circumstances surrounding the death of the man be examined. It submitted that witnesses should be called in relation to his medical care prior to his death and the circumstances in which he was granted temporary release as well as the circumstances by which he came into the possession of a large amount of methadone that had not been prescribed to him.
Coroner Dr Brian Farrell, having heard submissions on behalf of the family, stood down the jury and adjourned the inquest pending further witnesses being called to give evidence. It is expected the inquest will commence hearing sometime later in the year.
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Notes to the Editor
Pursuant to section 10 of the Human Rights Commission Act, the Commission may grant legal assistance to a person in relation to:
(a) legal proceedings involving law and practice relating to the protection of human rights which a person has instituted or wishes to institute, and
(b) legal proceedings in the course of which a person relies or wishes to rely on such law and practice.
And where the legal assistance could not otherwise be obtained by the person.