Jennifer Burke Stack, sister to a deceased man who lost his life while in the back of a police custody van, has alerted that similar fatalities might occur unless welfare checks become a standard in police vehicles. She expressed her desire to approach the Police Commissioner and propose the implementation of fresh measures for routine inspection of individuals in police vehicles. These concerns surfaced in the aftermath of an inquest into her brother, Shane Burke’s death. He was discovered lifeless in a holding cell within a police van after an hour-long journey.
The inquest jury at the Limerick Coroner’s Court presented a verdict of mishap on Wednesday. Mr Burke, who hails from Tralee, Co Kerry, was found in a lifeless state in the police vehicle’s holding cell following its journey from Newcastle West to Rathkeale, then Henry Street Police station in Limerick city, on February 23rd, 2022.
Mr Burke, who was intoxicated and posing danger to himself and others, was apprehended after he declined a police instruction to enter the vehicle’s holding cell. The police informed the inquest they were transporting Mr Burke, 43, to the Rathkeale police station to recover until a family member collected him.
Contrarily, on reaching Rathkeale, the police were advised to transport Mr Burke to the Henry Street police station in Limerick city, as it offered superior prisoner facilities. It was ascertained that visual and audible checks were made on Mr Burke en route, and he was deemed well.
Regrettably, upon arriving at the Henry Street station, Mr Burke was found without a pulse and unresponsive in the cell. Uncertainty exists over the length of time lapsed since his last check, due to a timestamp complication on the police van’s CCTV system.
Police officers confessed to not having received instruction on operating the CCTV screen at the van’s front that would’ve offered a view of the rear holding cell. Seats that would’ve allowed a closer inspection of the cell during the journey weren’t utilised.
On-site CPR was administered to Mr Burke and he was swiftly transported via ambulance from Henry Street station to the hospital where he was later confirmed dead.
The Gardaí conceded that they carry a “responsibility to monitor” detainees in their transport vehicles, but were “uninformed” about any formal process concerning this. Postmortem examination of Mr Burke by Dr Sally Anne Collis, the state pathologist, concluded that his demise was caused by heart failure due to severe alcohol and benzodiazepine subsaturation.
Jennifer Burke Stack’s acting junior barrister, Elaine Houlihan, requested the jury to endorse a requirement for Gardaí to carry out frequent physical health assessments of detainees in Garda vehicles. According to the Criminal Justice Act 1984’s procedures (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 and 2006, Gardaí are required to maintain precise incarceration records of detainees in cells at Garda stations and to perform periodic wellbeing assessments of intoxicated prisoners to ensure their protection.
On the other hand, the solicitor representing the Garda witnesses, Dan O’Gorman, countered that Gardaí are practically “over-controlled”. Coroner John McNamara referred to Mr Burke as a “defenceless” individual and firmly stated that there were no implications of any impropriety by Gardaí.
Post-trial, Jennifer Burke Stack expressed her satisfaction with the jury’s conclusion but was “dishearted” at their failure to act on her advocate’s proposal. She expressed her gratitude for the jury’s judgement, but was deeply disturbed by the jury’s lack of acknowledgment of the gardaí’s admission that there were absolutely no guidelines for individuals who are apprehended and confined in a Garda vehicle.
Ms Burke Stack affirmed her lifelong speculation that her brother’s death could have been prevented if the Gardaí had inspected him more frequently throughout the trip’s final legs. She acknowledged that the Gardaí present on the incident day did the best they could, given their training, however, she believes that the system is “insufficient”.