The High Court has rejected a challenge by the former Stardust nightclub manager over a new inquest into the deaths of 48 people at the venue 41 years ago.
Eamon Butterly failed in his bid to have the court rule that a verdict of unlawful killing was open to the jury at the inquest. Forty-eight people died in the nightclub fire in Dublin on February 14 1981.
Mr Butterly, the former manager of Stardust, applied to the High Court seeking an order preventing a verdict of unlawful killing being considered by the inquest jury. However, Mr Justice Charles Meenan ruled that a verdict of unlawful killing was permitted where no person or persons are identified or identifiable.
Read more: Families of Stardust fire victims hoping to meet The Specials over 'sparks' at venue before tragedy
Justice Meenan added: "The deaths and serious injury to so many young people resulted in grief and loss to all the families involved. Even though this tragic event took place some 41 years ago, this grief and loss has not diminished and has been compounded by a strong sense of injustice.
"This injustice focuses on the belief that there has been a failure to properly answer the most basic questions of where and how the devastating fire started."
The families of the victims welcomed the court's decision. Darragh Mackin of Phoenix Law, who acts for the families of 47 of the 48 victims, said: "The families we act for are relieved with today's news and are hopeful that the Stardust fire inquests can now proceed as planned.
"The significance of a potential verdict of unlawful killing cannot be overstated for these families. They have from the outset maintained that such a verdict ought to be considered by a jury.
"Today's decision not to exclude such a verdict, is of a massive importance. To have the backing of the High Court that these inquests should proceed with a full and fair investigation and for all verdicts to be on the table, as is normally the case, is a meaningful endorsement of the families' pursuit of truth and justice in the Stardust Fire Inquests."
Sinn Fein senator Lynn Boylan welcomed the decision. She said: "The families of those who lost their lives in the Stardust fire have waited four decades for answers.
"The decision taken by the High Court today to leave the verdict of unlawful killing available to the jury is very welcome. There have been a number of legal obstacles since the [then] attorney general Seamus Wolfe granted a fresh inquest into the fire, including access to legal aid and the selection of the jurors. Today's High Court ruling should pave the way for the inquest to proceed without any further delay."
Read next:
- Stardust survivors 'thrilled' as legislation brought forward to pay jurors
- Stardust inquest jury selection bill to be debated in the Seanad
- Stardust Inquest: Nightclub manager's application to remove unlawful killing verdict denied by coroner
- Stardust fire victims honoured during Dublin council meeting
- Charlie Bird in tears at Stardust fire vigil and says he will 'never forget' ahead of 41st anniversary
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