‘It’s not good enough’ – sister of man who died after being in Limerick garda van says

THE INQUEST into the death of a man who died after being in a Limerick garda van on his way to custody will not prompt any regulation change for the welfare of people in garda transit.

Shane Burke’s sister Jennifer had asked for a recommendation for regulations like those for people in custody, to also cover them in transit, as her brother died after a 50-minute journey in a garda van on the way to Henry Street garda station from Newcastle West, while intoxicated. People in custody are checked on every 15 minutes, but there is no equivalent for while they are being transported. 

However, when the jury of four men and two women delivered their verdict of misadventure, they did not include any recommendations in their verdict. 

Sergeant John Alfred told the court that Mr Burke was never brought into the custody suite in Henry Street garda station. 

Talking about people being transported to garda stations, he said: “There is no regulation I’m aware of covering their treatment while they are in transit.” 

Shane died on February 23, 2022, in University Hospital Limerick (UHL) after discharging himself from an alcohol detox programme in Cuan Mhuire in Bruree – he had started a 12-week programme on February 15. 

The Limerick Coroner’s Court in Kilmallock heard that on that day, the 45-year-old man asked to leave the Limerick treatment centre and told staff that he needed to go.

Speaking after the verdict was delivered, Jennifer Burke told the Limerick Live: “I was extremely unhappy that they [the jury] did not garner from this inquest, that it was made clear by all the gardaí present, that there are absolutely zero regulations in place, for any of us here, for any of our children, anybody who gets into the back of a garda van and is locked in – it is literally a no man’s land in terms of law.”

Asked if she got closure from the verdict, Ms Burke said: “It didn’t go far enough – as we walk away today, nothings bringing Shane back and because I’ve experienced this trauma, my inkling is somebody else is going to experience it, if there are no recommendations in place around the treatment of individuals while in custody in a garda van.”

Before the inquest started, an application on behalf of Jennifer Burke to have the hearing adjourned was denied. 

The application was based on a garda who her solicitor argued was central to the case, being unavailable, as he was either on a family holiday or UN leave, but as there were 24 witnesses who had been available or had provided depositions, it was decided it would go ahead. 

On the day he died, a staff member brought Mr Burke to O’Rourke’s Cross, where he said he would get a bus to Limerick and onto Tralee, where he lived, but then told the staff member that a family member was coming to get him. 

Gardaí in Newcastle West were later alerted to a man lying on the ground, and he was identified as Shane Burke, of Oak Park, Muing, Tralee. 

Garda Philip Gleeson told the court that Mr Burke was “drunk and unsteady on his feet” with most of a shoulder bottle of whiskey empty beside him.  

Mr Burke spoke about being a block layer and of his family and Garda Gleeson said he seemed very proud of them. 

Initially, Mr Burke was to be brought to Rathkeale garda station to “sleep it off”, but he was then arrested for public order. 

Inspector Barry Manton, who was a sergeant at the time, directed that he be brought to Henry Street garda station, where the custody suite would be more suitably equipped to deal with someone who is intoxicated. 

Mr Burke didn’t want to get into the garda van and had to be dragged and pulled. 

Two gardaí – Garda Philip Gleeson and Garda Claire Moriarty sat in the front of the garda van (Garda Griffin had been in the van from Newcastle West to Croagh), while Mr Burke was in the back, propped up with his knees raised, sitting on the ground. 

Even though there were two passenger seats in the back of the van for gardaí, no one was sitting there, Garda Gleeson told the court that these would be for a third or fourth garda.

Limerick Coroner John McNamara pointed out that there was a CCTV recording, but Garda Gleeson said he didn’t know it was recording or how to operate it. 

Gardaí acknowledged that they could only see the back of Mr Burke’s head from the front seats, unless they stopped, got out and went into the back of the van. 

Two welfare checks had been carried out on Mr Burke, one in Rathkeale and another at Croagh, when Garda Gleeson got into the van, replacing Garda Griffin. 

The court heard there were no checks between Croagh and Henry Street. 

When they arrived at Henry Street garda station, Garda Claire Moriarty, who broke down in the witness stand, said Mr Burke was unresponsive on the floor. 

She said there was no pulse and no breath detected. 

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A defibrillator was sourced and chest compressions were started before the ambulance arrived and he was transferred to UHL where he died. 

State Pathologist Dr SallyAnne Collis told the court that Mr Burke died from acute alcohol poisoning combined with multiple benzodiazepines. 

He was five times over the alcohol limit for driving and had therapeutic levels of benzodiazepines in his system. 

She said that because he was in detox treatment, his alcohol tolerance level would have dropped. 

While she noted extensive bruising, she said there “were no injuries that looked suspicious or worrying” and that some looked like handling injuries. 

Sympathies were extended to the Burke family on behalf of the coroner, the legal representatives, GSOC and the gardaí.