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Monday, 28 Feb 2022 17:30
A High Court judge has said a legal challenge brought by the former manager of the Stardust nightclub against the planned new inquests into the deaths of the 48 people who died in the disaster should be heard as soon as possible.
Eamon Butterly was granted permission to take judicial review proceedings against the Dublin district coroner, the Minister for Justice and the Attorney General.
He wants an order stopping the coroner, Dr Myra Cullinane from conducting the inquests in a manner which would involve an investigation or consideration of a verdict of unlawful killing.
Lawyers representing many of the families of the victims of the fire had opposed the application by Mr Butterly.
Senior Counsel Sean Guerin had said the decision to begin these proceedings just weeks before the new inquests were likely to start was "bordering on the unthinkable".
Mr Justice Charles Meenan said Mr Butterly had reached the legal threshold allowing his claim to be heard by the court.
But the judge said he was mindful that "time was of the essence" and that the hurt and pain suffered by the families who had lost loved ones in the tragedy in February 1981 had not dimmed over the years.
He said it was in the best interests of all the parties that the judicial review proceedings be heard as soon as possible.
Mr Butterly had argued that the new hearing could wrongly make him a target for a verdict of unlawful killing.
He and his family owned the Artane nightclub at the time when the fire broke out on the night of 13 February 1981. Forty-eight people died and 128 were injured.
The original Tribunal of Inquiry into the blaze, chaired by Mr Justice Ronan Keane, had concluded the "probable cause" of the blaze was arson. That verdict was later set aside and the Dáil record corrected in 2009.
The families of the victims had campaigned for many years for new inquests to be held. They were due to open last year but have been repeatedly delayed.
Earlier this month, Dr Cullinane refused an application by Mr Butterly to rule out a verdict of "unlawful killing".
She said it was not appropriate for a coroner to rule out any verdict before they hear the evidence.
Mr Butterly wants an order quashing Dr Cullinane's refusal to rule out the unlawful killing verdict.
His senior counsel, Paul O'Higgins, said the proposed targets of the claim of unlawful killing put forward by the families consisted of four named individuals and a company.
He said Mr Butterly appeared to be the only living person among them.
Judge Meenan said legal documents in the case should be exchanged between the parties in the coming weeks and adjourned the case for mention in late March.