Family concerns at death

A CORONER has told the family of a defenceless pensioner, who died after an assault that he is powerless to address their concerns about the prosecution of his killer.

During an inquest in Belfast, last week Northern Ireland’s senior coroner, John Leckey, heard the brother of Jim ‘Sunshine’ Heasley heavily criticise the police and Public Prosecution Service’s (PPS) handling of the criminal case.

The 70-year-old from Craig Gardens died of brain injuries in hospital almost two weeks after being found unconscious on a pavement along Manor Drive in the early hours of October 17, 2010 close to his home. The police originally treated the incident as a fall, only realising he had been assaulted a week later. Jim died a fortnight later from his injuries.

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Earlier this year, Jackie Allen, of Ravarnet Gardens, Lisburn, was sentenced to six years in jail after admitting manslaughter. The two men had been involved in an earlier argument at a local pigeon club.

Allen, 48, had originally been charged with murder but during his trial admitted to the lesser charge. He was sentenced to six years - three of which were to be spent in prison.

A complaint made by the pensioner’s brother, David, to the Police Ombudsman was upheld, prompting the PSNI to discipline a number of officers and apologise to the family for the initial handling of the case.

Mr Heasley, who described the sentence handed to Allen as “trivial and too lenient”, has also been critical of the PPS’s conduct of the trial and has demanded an explanation of why a lesser charge was accepted. He detailed his concerns to Mr Leckey during the inquest into his brother’s death at Mays Chambers Coroner’s Court.

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“For me and the rest of the family he’s been let down from start to finish,” Mr Heasley said of his brother.

Mr Leckey acknowledged the feelings of the family but said he was not able to act on their concerns.

“I’m sorry you do feel aggrieved but a coroner is not in a position to provide a solution to grievances arising out of the administration of the criminal justice system,” he said.

The coroner said the matters were the preserve of the PPS and ultimately the attorney general John Larkin.

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“You probably will leave this inquest feeling disappointed,” he said.

“Quite often I come across families who come away from criminal proceedings feeling their loved ones did not get justice, and I know you feel that way.

“But I am a coroner and I can do nothing about it.”

After the realisation that Mr Heasley, from Craig Gardens, Lisburn, had been assaulted and had not fallen, the case was transferred to the PSNI’s Serious Crime Branch.

The pensioner’s brother said those detectives had been “thoroughly professional”.

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“Like the family they were let down by the justice system,” he said.

Detective Chief Inspector Justyn Galloway also took to the witness box during the inquest.

Mr Leckey told the officer that it was incumbent on the PPS to fully explain the reasons behind its decisions to families.

“I agree totally,” replied Mr Galloway.

Earlier, Northern Ireland’s state pathologist, Jack Crane, informed the court Mr Heasley was ‘quite heavily intoxicated’ when he was found.

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But he said the severity of his brain injuries could not be explained by just a fall. He said his head had been subject to violent impact, potentially a number of kicks.

“Even if he had fallen when drunk it would not have caused the severity of the head injuries,” said Mr Crane.