In the matter of an inquest into the death of Caragh Walsh
| Jurisdiction | Northern Ireland |
| Judge | Mr McCrisken |
| Judgment Date | 29 September 2017 |
| Neutral Citation | [2017] NICoroner 5 |
| Court | Coroners Court (NI) |
| Date | 29 September 2017 |
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Neutral Citation No: [2017] NICoroner 5
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: 2017NICORONER5
Delivered: 29/09/2017
IN THE CORONERS COURT FOR NORTHERN IRELAND
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IN THE MATTER OF AN INQUEST INTO THE DEATH OF CÁRÁGH WALSH
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Before: Coroner Joseph McCrisken
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Introduction
[1] Cárágh Walsh was born on 29 October 2013 to Christopher O’Neill and
Tammie Louise Walsh. Cárágh died on 7 February 2014, aged 14 weeks, in the Royal
Victoria Hospital (‘RVH’), Belfast.
[2] After a police investigation, Cárágh’s father, Christopher O’Neill was charged
with her murder. He was tried before McBride J, sitting with a jury and was found
not guilty by majority of the murder of Cárágh, and not guilty by majority of an
alternative count of unlawful act manslaughter.
[3] An inquest into Cárágh’s’ death has not been opened. In Northern Ireland it is
normal practice for the decision in relation to the holding of an inquest to be made
following the conclusion of criminal proceedings.
[4] Since the criminal trial has now concluded, in accordance with Rule 13(2) of
the Coroners Rules (Northern Ireland) 1963 (“the 1963 Rules”), I must now consider
if I should hold an inquest inquiring into Cárágh’s death. To assist me with this
decision I instructed, as Coroners Counsel, Mr Chambers BL and Ms Gallagher BL
who have examined the evidence heard at trial and have brought some relevant
authorities to my attention. I also received written submissions from both Cárágh’s
mother and father. I consider them to be properly interested persons in accordance
with Rule 7 of the 1963 Rules.
[5] Section 11 of the Coroners Act (Northern Ireland) 1959 (“the 1959 Act”) and
Rule 13 of the 1963 Rules confer a discretion upon a coroner to decide whether or not
to hold an inquest into the death of any person.
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[6] Rule 13(2) provides as follows:
“After the conclusion of the criminal proceedings the Coroner may, subject as
hereinafter provided, resume the adjourned inquest if he is of opinion that there is
sufficient cause to do so.”
Although Rule 13 appears to envisage a situation whereby an inquest is
opened and adjourned, I intend to proceed on the basis that it applies equally
to the present circumstances, were an inquest has not yet been opened but the
decision has been adjourned pending the conclusion of the criminal trial.
Background
[7] On 5 February 2014 at 12.18pm Northern Ireland Ambulance Service received
an emergency call in respect of a three month old baby girl called Cárágh Walsh. The
caller was her father, Christopher O’Neill, then aged 23 years old. He said he was
alone with the child in their home at Glasvey Park and she had breathing difficulties.
The operator, Mark Gribben, kept Christopher O’Neill on the line until Mr Sands, a
Rapid Response Vehicle paramedic, arrived.
[8] When Mr Sands arrived he came into the flat he described Cárágh as having a
“porcelain doll” look, meaning that she was showing no signs of life and was not
breathing. Mr Sands commenced resuscitation which continued until the ambulance
arrived a short time later. Caragh was taken to the ambulance, resuscitation
continued and she was conveyed to the Emergency Department of the RVH for Sick
Children. Christopher O’Neill travelled with Cárágh in the ambulance during which
time he told Colin Heaney, a paramedic, that he shook his daughter. Mr Heaney did
not think there was anything untoward about this at the time.
[9] At the hospital Dr. Maney, Consultant Paediatrician, said Cárágh had no
heart beat and was effectively dead. A team of doctors continued with resuscitation
and various medical steps were taken to restore Cárágh’s breathing and her
circulation. She was then moved to the Intensive Care Unit. Christopher O’Neill
(along with other family members) was spoken to by medical staff and he admitted
to staff that he had shaken his daughter, but said that this was an attempt to revive
her as he thought she was unconscious.
[10] After an initial examination Dr Maney reported to police that Caragh had
“suffered severe head trauma, resulting in severe brain injury”. There were more medical
examinations conducted including computed tomography (CT) scans and
examinations of Caragh’s eyes. Dr Paul Burns, Neuro-Radiologist, found that
Cárágh had suffered a significant traumatic brain injury with both subdural and
subarachnoid hemorrhaging. Sadly, Cárágh died on 7 February 2014.
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