THE inquest into the tragic deaths of three members of an Inishowen family after their car plunged into the Foyle river at Quigley’s Point six years ago has been formally closed.
John Mullan (49), his son, Tomas (14) and six year old daughter, Amelia, died when the car they were travelling in slid down an embankment resulting in all three of them drowning.
Geraldine Mullan, wife and mother, was ‘sucked’ out of the vehicle and managed to survive by standing on the roof of the Mitsubishi before rescue services arrived on the scene.
The family were returning from a day out in Derry on August 20, 2020, as the children were preparing to return to school after their summer holidays.
In July roadworks company White Mountain Quarries Limited pleaded guilty to health and safety breaches and was fined €1.2m at Letterkenny Circuit Criminal Court.
Addressing the resumed inquest at Letterkenny Courthouse on Friday, Coroner, Dr Denis McCauley referred to the fact that White Mountain Quarries Limited had been found guilty of two counts of failing to discharge a duty as an employer to persons other than employees as provided for in Section 12 of the Safety, Health and Welfare at Work Act, 2005.
“Following the conclusion of criminal proceedings in relation to the deaths, the coroner has a discretion as to the resumption of the adjourned inquest pursuant to Section 25(2)(c) which provides the coroner shall adjourn the inquest until proceedings have been finally determined but it shall not then be obligatory on the coroner to resume the inquest unless he thinks there are special reasons for doing so,” Dr. McCauley declared.
As all matters had been dealt with at the criminal trial and evidence had been heard it was not necessary for the coroner to reopen the inquest which had been initiated in January last.
The coroner had such discretion but before any decision had been made in this regard he had sought to engage with Geraldine Mullan.
“Because Geraldine gave evidence and spoke at the criminal trial, I do not feel there are any special reasons that we should re-open the inquests and subject Geraldine and her family to hearing the distressing circumstances of her husband and childrens’ deaths, and having to give evidence herself again,” the coroner indicated.
He had spoken to Geraldine on the matter and she had agreed she did not want to relive the evidence she had given at the Circuit Court hearing.
“Therefore, it is my decision that the coronial investigation into John, Tomas and Amelia is now closed,” concluded Dr. McCauley.
Extending his condolences to Geraldine, he described her as a woman of “courage and fortitude”.
She had experienced something nobody ever wanted to after fate had conspired to change her life. “Amazing is too small a word to describe her, she is wonderful,” the coroner maintained.
In response, Geraldine said all she had wanted was justice for her family. She thanked the coroner for sparing her the ordeal of a full inquest.
Both she and Dr McCauley acknowledged the members of An Garda Síochana for the professional and compassionate way they had carried out the investigation into the tragedy.
Geraldine Mullan with her husband John and children Tomas and Amelia.
