The Tánaiste and Minister for Justice, Equality and Law Reform, Mr Michael McDowell T.D. today announced that a Commission of Investigation is to be established into the death of Mr Gary Douch, who died following an attack on him while he was a prisoner in Mountjoy prison on 1 August 2006.
The Commission, to be headed by Ms Grainne McMorrow, S.C., will be established under the Commissions of Investigation Act, 2004 and will be independent with full statutory powers to investigate the matter and to take sworn evidence. The Commission is expected to report before the end of this year.
This action follows the recent receipt of the report of Mr Michael Mellett into the matter. Mr Mellett, a former senior civil servant of the Department of Justice Equality and Law Reform was appointed in August last year by the Tánaiste's to inquire into the incident and to make any findings and recommendations he saw fit.
The Tánaiste thanked Mr Mellett for his report and said it had identified a number of shocking aspects. "There are serious implications for the future management of our prisons. It is now clear that a review going beyond the scope of the Mellett investigation's terms of reference is warranted. A detailed sworn inquiry is now essential. The issues are matters of public importance and the Government has agreed to my proposal that a statutory commission of investigation be established."
An individual has now been charged with causing the death of Mr Douch. The Tánaiste is obliged to ensure that those criminal proceedings are not prejudiced in any way. He is constrained from releasing details of Mr Mellett's report but confirms that significant failings had been identified and serious questions raised that will have to be addressed by the Commission of Investigation. He did not want to pre-empt any findings that the Commission might make.
He has written to the mother of Gary Douch, apologising again for the fate of her son and advising her that a Commission of Investigation is being established to carry out a full inquiry into the matter.
Mr Mellett had made a number of practical recommendations in his report relating to prison administration and the safety of prisoners and the Tánaiste has directed that the Irish Prison Service fully implement them . Their implementation will be reviewed when the final report of the commission is published.
Terms of Reference of the Commission of Investigation
The Government approved the Tánaiste's proposals to ask the Commission to;
- carry out any further investigations it considers necessary into the circumstances surrounding the death of Mr Gary Douch;
- examine the management (including transfers) and in particular the chronology of treatment (including medical) of the individual identified as Prisoner A taking into account all available information and documentation in that regard and examining all persons whose testimony may throw light on the issues which arise;
- review policies, practice and procedures regarding the safety of prisoners in custody whether in prison, a place of detention, the Central Mental Hospital or other institution; and, in particular to review protocols for those prisoners with specific behavioural problems or vulnerabilities (psychiatric, violent or disruptive or those in need of additional protection and to make recommendations on what policies and/or legislative measures should be adopted in the future for the management and treatment of such prisoners with a view
- to promoting the safety and health of prisoners
- to providing a secure and safe environment for prisoners and persons dealing with prisoners, and
- to safeguard the public interest; and to ensure that lessons are learnt and that recurrence of such tragedy is prevented.
23 April 2007
Note to Editors
Grainne McMorrow, B.A. (Hons) L.L.B. (Hons) B.L. Barrister-at-Law, Senior Counsel
1985: Kings Inns: Barrister-at-Law Degree
1989: Called to the English Bar
1991: Called to the Sydney Bar
2000: Called to the Inner Bar
She worked for a period in the UK and while there developed an interest and specialisation in mental health law, particularly in the area of mentally disordered offenders. Ms. McMorrow was:
- From 1995 to 1998 was a Mental Health Act Commissioner to the Broadmoor Panel;
- Inquest specialist appointed in 1997/1998 by the Minister for Health for the Mental Health Act Commission entrusted with the task of investigating deaths at Broadmoor and other High Security facilities;
- she has been involved in a number of UK Government 'think tanks'.
Practice as a Senior Counsel
Ms. McMorrow's main areas of practice as a Senior Counsel are in Criminal Law, Mental Health Law and Judicial Reviews. She has spent a significant amount of time before the Special Criminal Court in relation to subversive crimes in 2003, 2004 and 2005. She was also involved with the Morris Tribunal for a period in 2004/2005.