High Court rejects Stardust inquest challenge from former manager

The High Court has rejected a challenge to the new inquest into the deaths of 48 people at the Stardust nightclub in February 1981.

The former Stardust manager Eamon Butterly had launched proceedings seeking to have the verdict of unlawful killing ruled out as a potential option for jurors.

Mr Justice Charles Meenan however found a verdict of unlawful killing was permitted where no person was identified or identifiable as being responsible for the killing.

He also said it may be that the more detailed the evidence is on the circumstances of the death, the less permissible a verdict of unlawful killing will be.

Eamon Butterly had argued that a new inquest into the disaster could wrongfully make him a target for a verdict of unlawful killing.

In a previous pre-inquest hearing Butterly sought a ruling to preclude a possible verdict of unlawful killing but this was ruled out by Senior Coroner Dr Myra Cullinane.

Following this decision, he indicated that he would challenge the constitutionality of the forthcoming inquests unless unlawful killing was ruled out.

Unlawful killing is among a number of different findings that can be reported by an inquest, including misadventure and accidental death.

In a statement released on social media, the Justice for Stardust 48 campaign group said:

“EB’s objections to the Dublin City Coroner has been rejected by Judicial process, the inquests into the deaths of the #JusticeForStardust48 can now Proceed.”

Darragh Mackin of Phoenix Law, who represent 47 of the 48 Stardust families, said he welcomed the ruling.

“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.”