Courts / Tipperary / Report

Woman who waited 36 years for inquest into sister's brutal death sees trauma claim dismissed

Date
2026-03-25

Stage
Trial

Primary locality
Tipperary

Summary

The High Court has dismissed personal injury proceedings brought by Anne Birkinshaw against the coroner for Tipperary North, North Tipperary County Council, and the Minister for Justice and Equality. Ms Birkinshaw alleged she suffered psychological trauma due to a 36-year delay in holding an inquest into the 1975 murder of her sister, Kathleen Cashin, who was killed in Co Tipperary. Following a Central Criminal Court trial in December 1975, an individual was found guilty but insane of the murder. Ms Birkinshaw claimed the late provision of a postmortem report in 2011, which contradicted her belief that her sister died quickly, caused significant injury. The defendants applied to strike out the 2013 proceedings under court rules on delay, arguing severe prejudice as key witnesses, including the State pathologist, are deceased or unavailable. Mr Justice David Nolan noted the case involved a "leisurely approach" with "total inactivity" between 2019 and 2024. He observed that the current coroner for North Tipperary is not liable for predecessors' acts. Although acknowledging the tragic background, the judge found the case offered little realistic prospect of success and that the defence faced clear disadvantage. Consequently, the court dismissed the matter, concluding it could not be saved despite the delays.