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A RETIRED JUDGE tasked with examining potential new evidence into the Stardust tragedy has ruled that no new independent inquiry is warranted.
Judge Pat McCartan was highly critical of the dossier presented to him, which claimed to hold new evidence into the tragedy, stating that it was “rambling, argumentative, disorganised and at times incoherent”.
A total of 48 people died and 214 were injured in the fire that engulfed the Stardust nightclub in Artane, north Dublin, in the early hours of Valentine’s Day, 14 February 1981.
In the aftermath of the fire, a tribunal of inquiry was set up under Justice Ronan Keane. However, the families rejected the findings which said arson was the ‘probable cause’ of the fire which began in the west alcove.
New evidence
The families claimed researcher Geraldine Foy reviewed thousands of transcripts from the original Keane tribunal investigation, stating that she had discovered new evidence which disputes the original findings that the fire began in a seat.
The proposal for an independent expert to review the new evidence, with a view to establishing a commission of investigation was accepted by government in January.
Today, Judge McCartan, having reviewed the evidence, has said in his report that no new investigation is warranted.
The report concludes: “Having considered all the material evidence submitted to the committee there is no new or updated evidence disclosed in the meaning of the terms of this assessment and no new enquiry is warranted.”
Cause of fire
However, the judge does acknowledge that the fire was in the roof space earlier than was determined in the Keane report.
“But it does not explain the cause of the fire and at this remove it is not likely the cause of the fire can ever be established.”
The judge said Foy’s research claims the Keane report and the later Paul Coffey report (2008) into the tragedy was misled by the layout of Stardust, but he said there was no evidence to support this claim. He said the maps produced by the two previous investigations were accurate.
McCartan criticised the material presented to him, stating that it was only on page 358 of the dossier in which there was a statement about new evidence.
“Even then it was very difficult to understand what items of evidence this assessment was being asked to examine.”
One of the principle findings of the report states that while there were differences between the first and second versions of the 2008 report, the differences were not “watered down”.
Findings
The report said much of the material presented to the judge merely proposed a theory, stating that only new evidence would warrant a new inquiry.
The judge acknowledged the “grief and trauma” experienced by those impacted by the Stardust tragedy.
“The grief must be compounded by the failure of anyone to explain the cause of the fire,” it said, adding again, that the cause of the fire may never be known.
The families of the victims of the Stardust tragedy have said they reject the report. The findings of the report were presented to Cabinet today.
Minister of State for Disabilities, Finian McGrath, who has worked with the families, said his thoughts are with the families of the victims of the terrible Stardust tragedy that took place 36 years ago.
The tragedy was the biggest loss of life in a single incident in living memory in Ireland. Forty-eight people went out for a night of celebrations and never came home.
To the extended families of those 48 young people – and the many others who were injured and traumatised by the event – they are foremost in my mind today.
Families and relatives
He said the conclusion that no new enquiry is warranted will come as a major disappointment to the Stardust Relatives and Victims Committee, which he said has been working tirelessly for years to determine the cause of the fire.
In the assessment, Judge McCartan states that this grief must be compounded by the failure of anyone to explain the cause of the fire. ‘Due to the passing of time, it is much harder today to find such an explanation and this assessment must conclude that the cause of the fire may never be known.’
I feel for all the families today as I know that they will be disappointed with the outcome of this assessment. They have suffered a huge loss and their efforts over 36 years are a testament to their loved ones.
Justice Minister Charlie Flanagan said the Stardust Fire was undoubtedly one of the greatest tragedies in the history of this country. He said the government considered it important to assess all available evidence, including any new material that may have come to light.
“Having carefully considered the two previous independent reports on the tragedy and considered all material made available to him, Judge McCartan concluded that no further new enquiry is warranted.
“I want to acknowledge the terrible pain and loss of the relatives of the victims and the fact that the report does not come to the conclusion that they would have wished for. This report by Judge McCartan is the third independent assessment of the available evidence and, while I understand that the pain of the relatives is compounded by the failure to discover the cause of the fire, this report concludes that no new enquiry is warranted.”
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The cause of the fire may never be known, but the padlocked fire escapes clearly played a part in this horrific event.
@Ruairi Gagarin: that’s the white wash. The enquiry was constrained by the terms…determine the cause of the fire, rather than determine the contributing gross negligence that caused needless injuries.
@Matt Connolly: And no dwelling on friendships between owners and politicians…
This is the fire where 48 young people died with emergency exits chained + padlocked shut – yet Stardust leaseholder + manager Eamon Butterly was able to sue Dublin Corporation, being awarded £581,000 (approx. €730,000 today). Truly only in this country. Almost goes without saying that he + his clan never accepted any responsibility nor have they ever apologised to the bereaved.
@Pat O’Leary: what did he sue them for Pat?
@Jane: look it up.
@Jane: He sued them for “malicious damage” to his property once it was legally stated that the cause was “probable arson”. The bit that makes no sense to me ( unless I’ve read it wrong) is that it appears he sued them for failing to uphold by-laws – relating to fire safety(?) – which he himself appears to have flouted by chaining doors shut to stop people getting in free. If I’ve got it wrong, I’m happy to be corrected. Either way, the case was settled for just over £500,000 outside the court.
I remember it well, I was a young kid and it seemed like the whole world was falling down. I watched the docudrama made about it again recently, it was awful, can’t imagine the end for the victims and the horror the families have been through, very sad even after 36 years.
“Cause of fire nay never be known!”
The cause of the fire will definitely never be known if they keep looking the other direction!
@Jarlath Murphy:
Gardaí couldn’t find any evidence that would point to the cause. Any hint of what caused the fire was incinerated by the fire itself.
Perhaps, it was a jam factory, perhaps it had an extraction system in the angled roof to remove odours, perhaps this was used to extract smoke and heat a disco, perhaps a false ceiling was fitted to cover this and other signs of its previous use, perhaps flames entered this extraction system and burned until it melted dropped onto the false ceiling causing it to ignite and fall throughout a disco at the same time, perhaps thats one of the reasons so many beautiful young lives were lost n destroyed. Perhaps
@Martin Murphy: perhaps thats a very well informed amd accurate opinion.
@Martin Murphy: very true Martin, my late mum worked there when it was a Jam factory before she moved Southside, little did she know then that her Daughter would perish there
@Jane – original tribunal made a finding of arson as cause of the fire. Not a legal expert but would guess Butterly was then technically an injured party in relation to a criminal act, proceeded to exploit the wonders of our legal system for his payout. Obscene doesn’t begin to describe it. Also goes without saying that he was never prosecuted himself for safety breaches i.e. emergency doors chained shut.
What do people mean by ‘closure’? Is it ever possible after ANY traumatic event?
The highly respected Judge McCarran could not be clearer in his language. The protesters of course have rejected the report. Ireland has more than it’s share of nuts. They must be told in unmistakable language – NO FURTHER ENQUIRY.
@Donal Hanley: you’re obviously just trolling or ,more likely, you’re the “nut”!!!!!!
Many many people said similar heinous remarks about the families and friends of the innocent 96 soccer fans that perished in Hillsborough too
Could someone sum up what exactly those seeking another enquiry are hoping to establish?
Is it padlocked fire escapes or cause of fire?
It’s not that clear to many people what genuine injustice might be still left unaddressed.
What more can they do? The building is not there anymore. Maybe if it were still there this would have been sorted out year’s ago… How many more report’s do they want to do? You can’t just magic up the building from 36 years ago. Feel sorry for the family and friends of the people that died and were hurt.
@casey: the building, parts of it anyway are still there. Its been revmped so many times at this stage its unrecognisable. I suppose what the famlies want is an impartial report to include the over 30 witnesses that were dismissed in the origional & subsequent reports. Anything too damning to Saint Butterly was excluded. Interesting to remember the family were close to the Haughey’s at the time, Charlie even paid them a visit in the days that followed.
@dB O’Neill: Ah ok I didn’t know bits of it were still there. I was up there in the market that was in place of where the disco was a few years back.
@dB O’Neill: well said, a day after McCartens assessment, the builders a renovating The Lantern Rooms AKA The Silver Swan AKA The Artane House
Betrayal most vile
@Pat Butler
Explain please betrayal by whom? The highly respected Judge? Yes the cause was never established and whoever was responsible for the exits being padlock was never named. But the building no longer exists. Another enquiry can achieve nothing as Judge McCartan says
@Donal Hanley: so why call the victims families nuts? Please explain in detail..
@Donal Hanley: The exits were padlocked, what’s wrong with you?
The first Report by Judge Costello was less than forensically rigorous. It evaded the responsibility.
Locking in the victims did not help.
Of an age that I can remember that tragic event .Can well understand the anger and frustration of families who lost loved ones. Not from Dublin, but building I believe is gone , but it does not take away from the fact that doors were padlocked , materials were major cause. No person was ever held accountable for this tragedy. The families do not want a witch hunt, but justice. In lRELAND they are fighting a lost cause in getting the answers they seek. Well done to the families that have fought and I hope will carry on to recive the justice they deserve.
48 young people die…….,nobody held responsible………..welcome to Ireland.
I voted for Pat McCartan back in his Workers Party days and I now want to disown that vote, just as I’ve disowned the ones I misguidedly gave his fellow-traitor Pat Rabbitte; On his ‘review’ of the Stardust Relatives submission for a new inquiry I don’t care how ‘disorganised’ he found the material the fact is corporate manslaughter was committed against innocents (and don’t tell me fire exits weren’t padlocked, I stopped going to The Stardust beforehand precisely because of such standard practise) including some I grew up with and forests of paper, decades of time and piles of (taxpayers’) money have been wasted trying to bury the truth, so I won’t be distracted by this latest shovelful of sh*t. McCartan didn’t even properly read the evidence about the number of drums of cooking oil stored in the roofspace. I’m delighted the relatives will publish their submission so we can all compare it to the previous ‘reports’ cited by McCartan when earning his twenty pieces of silver!
@Michael Bride: you are talking utter nonsense
It was every bit as bad as Grenfell Tower, what a sick disgusting corrupt little country this is.
https://youtu.be/gyw2xHT_-FE
Injustice
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