A blockage in a storm drain that has been preserved in place due to its potential evidential significance to the inquest into the death of Noah Donohoe poses a “very significant flood risk”, a coroner has been told.
The 14-year-old schoolboy was found dead in the drain network in north Belfast in June 2020 – six days after he went missing as he cycled to meet up with friends.
Police believe the St Malachy’s College pupil entered the drain in the Northwood Road area, which is a significant distance from where his body was found lower down the drain network near the M2 motorway.
An obstruction within the network caused by half a manhole cover has been kept in situ ahead of the inquest into Noah’s death.
An expert has been commissioned to assess the potential significance of the blockage in a report being compiled for coroner Mr Justice Rooney.
A preliminary hearing in the Royal Courts of Justice on Wednesday was told that Stormont’s Department for Infrastructure (DfI) has been seeking permission to remove the manhole cover.
Nessa Murnaghan KC, representing the department, outlined the concerns of officials.
“We are very much concerned that there is a very significant flood risk,” she said.
“And just because the flood hasn’t occurred yet doesn’t mean that it isn’t a very significant risk.”
Ms Murnaghan said departmental officials believe the manhole cover became wedged inside the drain at some point between 2008 and 2010.
Counsel for the coroner, Peter Coll KC, said there is a need to address the concerns of the DfI while at the same time “protecting the issues that may arise within the inquest process”.
He said the expert witness’s report examining the blockage is “imminent”.
The barrister also suggested the court could sanction the “controlled” removal of the obstruction – a process that would be done under the auspices of the Coroners’ Service and which would be videoed.
Justice Rooney said a controlled removal “makes sense”; however, he added that it is important nothing is done until Noah’s family have received the expert report.
“I wouldn’t want a situation arising where the cover is removed and the next of kin, and indeed all the parties, have not got access to the report,” he said.
Noah’s mother, Fiona Donohoe (PA)
Brenda Campbell KC, representing Noah’s mother Fiona Donohoe, said she supports a phased approach, whereby the legal parties would first await the completion and circulation of the report, before convening again to decide what to do with the blockage.
Ms Campbell also suggested that a “mock-up” of the drain could be created, replicating its dimensions and the position and size of the manhole cover.
Wednesday’s preliminary hearing was also given an update on the process of disclosing evidence held by the police and other agencies.
Mr Coll said there is a “small cohort of material” that the PSNI deems sensitive.
He said that rather than disclose it directly to the inquest, officers are suggesting they could provide a “gist”, summarising what the material relates to.
The court was told that the PSNI intends to circulate the gist to legal parties by March 7.
The next preliminary hearing is scheduled for Wednesday April 2, and the full inquest is anticipated to be held later this year.