Family of man not notified of discovery of his body for a week call for review to procedures with families

Seán McCárthaigh

The family of a Waterford man who was not notified of the discovery of his body in his Dublin apartment for almost a week, despite information about his identity available in his home, have called for a review of how gardaí liaise with relatives of deceased persons who die in tragic circumstances.

The badly decomposed body of Jamie Weldon, who came originally from Butlerstown, Co Waterford, was found in his apartment in the Iveagh Trust Building on Upper Kevin Street, Dublin, on August 19th 2023, which would have been his 57th birthday.

Weldon’s six siblings only became aware of his death after they asked gardaí to carry out a welfare check on him six days later amid concern that they had not heard from him for some time.

The deceased’s body subsequently had to be formally identified through matching his DNA with a sample provided by one of his brothers.

The family also expressed concern that their brother’s remains were in a morgue for 27 days before his body was released to them.

The inquest into his death at Dublin District Coroner’s Court was adjourned last November to allow evidence from another witness to be heard.

At a resumed hearing this month, Iveagh Trust estate manager, Norbert Hanlon, said he carried out a forced entry into Mr Weldon’s apartment following a report of a strong smell of decay coming from the property.

Hanlon said it was evident that the body he found had been there for a while, and he left the apartment immediately to call the emergency services.

He said he had last seen Weldon, whom he said “kept very much to himself,” a few weeks earlier.

Hanlon said he found a note in a pad on a mantlepiece at a later stage after the apartment had been made “presentable.”

Questioned by counsel for Weldon’s family, Derek Dunne BL. Hanlon said the deceased had fallen into arrears with his rent, but not to the extent that it was something he had to “go chasing.”

Asked if he found any other items in the apartment, the witness said he was focused on cleaning up “so the family would not be distressed.”

Weldon said he would have given the name of the tenant to gardaí, but he confirmed he had no contact details for Weldon’s next-of-kin.

Garda Peter Murray was recalled as a witness to be asked why he had not found the note left by the deceased on the day the body was discovered.

Dunne expressed surprise that the note had not been found, as it was visible in a photograph taken of the scene.

“I just didn’t find it,” said Garda Murray, who added he had no reason to believe it was not there at the time.

The coroner, Cróna Gallagher, said the note had indicated “an intent or a goodbye.”

Garda Murray confirmed that he had seized a mobile phone and some documents from the apartment.

The coroner intervened after Mr Dunne suggested gardaí had enough information to know the identity of the deceased.

Gallagher said she would not have accepted a reliance on documents in such circumstances to establish Mr Weldon’s identity.

Asked by Dunne if there was any way of changing Garda procedures to ensure families were notified sooner, Garda Murray said he did not feel qualified to comment on the issue.

Murray said he could not recall if he had some indication about Mr Weldon’s next-of-kin by August 23, 2023.

Recording a verdict of suicide, Gallagher said the deceased “took a decision to end his own life and took an action to bring that about” as well as leaving a note of his intention.

The coroner said she would record Mr Weldon’s date of death as August 19, 2023, although she accepted that it was clear he had not died that day.

On behalf of Weldon’s family, Dunne suggested a recommendation could be made for An Garda Síochána to improve procedures “to speed up a highly stressful situation” as he claimed the timelines and delays involved in the case were “less than ideal.”

However, Gallagher said she would not do so as the legislation prescribed that recommendations must be made to prevent future deaths, and the issue was “post facto.”

She pointed out there were complicated reasons why there were delays and there was no coherent recommendation she could make other than for families to be notified as soon as possible.

However, Gallagher committed to writing to Garda management to share the concerns of Weldon’s family with them and acknowledged that “the entire process” had been difficult for his siblings.

Following the hearing, the deceased’s sister, Fiona Weldon, said her family were grateful to the coroner for acknowledging the additional stress caused to them by the delays in notifying them of their brother’s death.

However, Weldon said some aspects of the case were not explored in detail, while they were not permitted to pursue questions about his missing personal items, including his wallet.

She said notes by the coroner, which referenced attempts to contact the family on August 23-24, 2023, appeared to contradict evidence that gardaí were unaware of the deceased’s relatives until they came forward a few days later.

The family confirmed that they were still awaiting the outcome of their appeal against a decision of Fiosrú (formerly the Garda Síochána Ombudsman Commission) not to uphold their complaint about the handling of the case by gardaí.

Weldon said they fervently hoped the case would prompt An Garda Síochána to thoroughly review their procedures for liaising with families in tragic circumstances such as Jamie’s.

“It is our sincere wish that no other family will ever have to endure the unnecessary and avoidable further distress that was caused to ours,” she added.

Weldon continued: “Six days is far too long for a family to be left not knowing their loved one has died. Jamie was in a morgue for 27 days before we could bury him.

No family should have to wait that long to bring their loved one home.”

She concluded: “Jamie was a loved brother and he is deeply missed every single day.”

If you have been affected by any of the issues raised in this article, you can freephone the Samaritans 24 hours a day for confidential support at 116 123 or email jo@samaritans.org.

Alternatively, the contact information for a range of mental health supports is available at mentalhealthireland.ie/get-support.

In the case of an emergency, or if you or someone you know is at risk of suicide or self-harm, dial 999/112.