'We know it wasn't an accident': Family of Adrian Moynihan still seeking justice 25 years on

The family of a Cork man who suffocated to death while being restrained in a Cork city nightclub is appealing for his case to be re‑examined on the 25th anniversary of his death.

Adrian Moynihan was 23 when he died at the Sidetrax nightclub on March 26, 2001.

An inquest in 2003 found that he died from asphyxiation caused by the manner in which he was restrained. Dr Marie Cassidy, the former State pathologist told the inquest his neck had been compressed; he had been held face‑down, restricting his ability to breathe; and his arms were held behind his back, limiting the expansion of his chest as he attempted to breathe.

Bruises and abrasions on Adrian's neck, chest, arms, and legs were also noted at the autopsy — but the bouncers involved in restraining Adrian denied kicking, beating, or biting him.

Gardaí called to his parents’ home on the morning of March 26, 2001. “They woke up to gardaí saying, ‘you need to get ready and come to the hospital straight away.’ They didn't know that was happening,” says Adrian's brother Alan.

He and his brother were called to identify the body in hospital. “We could see wounds, marks, and bruising. There were lumps and bumps all over. There were marks around his neck. I noticed one part of his chest was higher than the other."

Final moments

CCTV footage captured some of the final moments of Adrian’s life. He had arrived at the nightclub with a friend who was refused entry. After a brief exchange, Adrian lashed out at one of the bouncers. Security staff then pulled him inside the club.

He was restrained in a corridor with no CCTV coverage.

When gardaí arrived minutes later, they saw that Mr Moynihan was unwell and called an ambulance. Paramedics attempted to resuscitate him but were unsuccessful, and he was later pronounced dead.

The Director of Public Prosecutions decided not to prosecute, but the family is now seeking an explanation for that decision more than 20 years on.

They are also calling for a new inquest, arguing that the original verdict of death by misadventure was inappropriate. They believe a finding of unlawful killing should now be considered — an option that was not available under the coroner system when the inquest was held in 2003.

“We're not happy with the results of the original inquest, which states that Adrian died from a misadventure, implying that it was an accident. We know it wasn't an accident," says Alan.

The family met with justice minister Jim O’Callaghan at the end of January about the death of the apprentice mason, from Ballyvolane in Cork City.

“He listened but said that he couldn’t do anything because the DPP and the Coroner’s Court are independent bodies.

“He told us if we wanted to do something we’d have to go through the Attorney General."

The family has written to the Attorney General requesting that Adrian's case be re-examined. 

The family believe that excessive force at Sidetrax, located on Grafton St between Oliver Plunkett St and the South Mall, resulted in Adrian’s death that night. 

The family is also dissatisfied with the way gardaí conducted the investigation at the time, he said. 

They have written to Fiosrú, the Garda ombudsman, asking it to open an investigation. Although Fiosrú declined to do so, the family has appealed.

“We've been banging on closed doors. But we're staying with this,” says Alan.