Sandra Quinn, 14 Jun
THE INQUEST into the death of a man who died after being in a Limerick
garda van on his way to custody will not prompt any regulation change
for the welfare of people in garda transit.
Shane Burke’s sister Jennifer had asked for a recommendation for
regulations like those for people in custody, to also cover them in
transit, as her brother died after a 50-minute journey in a garda van
on the way to Henry Street garda station from Newcastle West, while
intoxicated. People in custody are checked on every 15 minutes, but
there is no equivalent for while they are being transported.
However, when the jury of four men and two women delivered their
verdict of misadventure, they did not include any recommendations in
their verdict.
Sergeant John Alfred told the court that Mr Burke was never brought
into the custody suite in Henry Street garda station.
Talking about people being transported to garda stations, he said:
“There is no regulation I’m aware of covering their treatment while
they are in transit.”
Shane died on February 23, 2022, in University Hospital Limerick (UHL)
after discharging himself from an alcohol detox programme in Cuan
Mhuire in Bruree - he had started a 12-week programme on February 15.
The Limerick Coroner’s Court in Kilmallock heard that on that day, the
45-year-old man asked to leave the Limerick treatment centre and told
staff that he needed to go.
Speaking after the verdict was delivered, Jennifer Burke told the
Limerick Live: “I was extremely unhappy that they [the jury] did not
garner from this inquest, that it was made clear by all the gardaí
present, that there are absolutely zero regulations in place, for any
of us here, for any of our children, anybody who gets into the back of
a garda van and is locked in - it is literally a no man’s land in terms
of law.”
Asked if she got closure from the verdict, Ms Burke said: “It didn’t go
far enough - as we walk away today, nothings bringing Shane back and
because I’ve experienced this trauma, my inkling is somebody else is
going to experience it, if there are no recommendations in place around
the treatment of individuals while in custody in a garda van.”
Before the inquest started, an application on behalf of Jennifer Burke
to have the hearing adjourned was denied.
The application was based on a garda who her solicitor argued was
central to the case, being unavailable, as he was either on a family
holiday or UN leave, but as there were 24 witnesses who had been
available or had provided depositions, it was decided it would go
ahead.
On the day he died, a staff member brought Mr Burke to O’Rourke’s
Cross, where he said he would get a bus to Limerick and onto Tralee,
where he lived, but then told the staff member that a family member was
coming to get him.
Gardaí in Newcastle West were later alerted to a man lying on the
ground, and he was identified as Shane Burke, of Oak Park, Muing,
Tralee.
Garda Philip Gleeson told the court that Mr Burke was “drunk and
unsteady on his feet” with most of a shoulder bottle of whiskey empty
beside him.
Mr Burke spoke about being a block layer and of his family and Garda
Gleeson said he seemed very proud of them.
Initially, Mr Burke was to be brought to Rathkeale garda station to
“sleep it off”, but he was then arrested for public order.
Inspector Barry Manton, who was a sergeant at the time, directed that
he be brought to Henry Street garda station, where the custody suite
would be more suitably equipped to deal with someone who is
intoxicated.
Mr Burke didn’t want to get into the garda van and had to be dragged
and pulled.
Two gardaí - Garda Philip Gleeson and Garda Claire Moriarty sat in the
front of the garda van (Garda Griffin had been in the van from
Newcastle West to Croagh), while Mr Burke was in the back, propped up
with his knees raised, sitting on the ground.
Even though there were two passenger seats in the back of the van for
gardaí, no one was sitting there, Garda Gleeson told the court that
these would be for a third or fourth garda.
Limerick Coroner John McNamara pointed out that there was a CCTV
recording, but Garda Gleeson said he didn’t know it was recording or
how to operate it.
Gardaí acknowledged that they could only see the back of Mr Burke’s
head from the front seats, unless they stopped, got out and went into
the back of the van.
Two welfare checks had been carried out on Mr Burke, one in Rathkeale
and another at Croagh, when Garda Gleeson got into the van, replacing
Garda Griffin.
The court heard there were no checks between Croagh and Henry Street.
When they arrived at Henry Street garda station, Garda Claire Moriarty,
who broke down in the witness stand, said Mr Burke was unresponsive on
the floor.
She said there was no pulse and no breath detected.
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A defibrillator was sourced and chest compressions were started before
the ambulance arrived and he was transferred to UHL where he died.
State Pathologist Dr SallyAnne Collis told the court that Mr Burke died
from acute alcohol poisoning combined with multiple benzodiazepines.
He was five times over the alcohol limit for driving and had
therapeutic levels of benzodiazepines in his system.
She said that because he was in detox treatment, his alcohol tolerance
level would have dropped.
While she noted extensive bruising, she said there “were no injuries
that looked suspicious or worrying” and that some looked like handling
injuries.
Sympathies were extended to the Burke family on behalf of the coroner,
the legal representatives, GSOC and the gardaí.