A settlement has been reached between the family of a man who died after an incident at a nightclub and the security staff who admitted that their negligence had led to his death on that night.
Adrian Moynihan (23) from Cork died in March 2001, as a result of an incident at Sidetrax nightclub on Grafton Street in Cork, during which he was physically restrained by four security staff.
While his family settled their civil action at the High Court in Cork yesterday for a significant sum, they said still felt let down by the justice system and the decision of the DPP not to bring criminal proceedings in the case.
The action was taken in the name of Mr Moynihan's father, Andrew, Ballyvohane, Cork city, against Michael Corbett and Kevin Corbett, licensees of Sidetrax, and security staff Tony O'Connell, David Hickey, John Long and Patrick Corbett.
The case was settled after the Corbetts both admitted full liability in negligence leading to the death of Mr Moynihan and agreed to pay the Moynihan family an undisclosed sum. The claim against the other defendants was struck out.
Miriam O'Riordan SC, for the prosecution, told the court that Mr Moynihan, an apprentice stonemason, and a friend, Dara Forde, were refused admission to Sidetrax just after midnight.
"The ironic and sad part of all this is that the CCTV evidence shows Adrian Moynihan shaking hands with Kevin Corbett and acknowledging that he was not going to get in that particular night," she said.
However, Ms O'Riordan said that within a couple of minutes one of the defendants had left his position at the door and moved over to Mr Moynihan where he either said or gestured something that provoked him to strike him in the face. The other four defendants then grabbed Mr Moynihan and dragged him forcibly back towards the exit door holding him around the neck and pushing him to the ground, she said.
Mr Moynihan was pronounced dead at the South Infirmary Hospital shortly after 1am.
Ms O'Riordan added: "The family, in particular, Mr Moynihan's parents and especially his mother have found it extremely difficult to get on with their lives after the death of their son. It's fair to say that there has never been an admission of culpability and they had to go through not one but three inquests."
David Holland SC, for the defence, read a statement of apology on behalf of his clients expressing their deep sorrow at the death of Adrian Moynihan and that an action on their part brought it about and repeating their admission of liability in negligence.
Mr Justice Brian McGovern made an order of costs against the Corbetts and ordered the maximum solatium (for grief and distress) payment of €25,400 to be awarded to the Moynihan family.
Outside the court, solicitor for the Moynihan family Terry O'Sullivan said his clients had always wanted to see the person responsible for their son's death facing criminal prosecution. However, that had not happened.
Mr Moynihan, who went on hunger strike at one point to protest at the lack of justice he felt his family was getting, said the justice system only worked for criminals and bigshots; not for the ordinary man.
"We didn't want money, we wanted justice . . . How can money replace a life? It can't be done," he said. "They did get away with it. I know we got an apology, but it had to be dragged out of them as well. I just want to . . . try to get on with our lives."
