A former doorman at the Stardust nightclub is "not willing" to resume his evidence at the inquests into the deaths of the 48 people who died in the 1981 fire.
Coroner Dr Myra Cullinane told the 13 person jury that Gabriel O’Neill informed the hearings that he is "not willing to give any further evidence" to it.
These fresh inquests, which are being held at the Dublin District Coroner’s Court sitting in the Pillar Room on the grounds of the Rotunda Hospital, began last April. This was day 92 of the proceedings.
The court heard how Mr O’Neill had given evidence via video link on day 49 and was meant to return on another day.
Dr Cullinane said that because he lives outside the jurisdiction, compelling him to return in the usual manner, by summons, "is not an option available".
She said as a result, the jury should regard him as a "part heard" witness, describing his time in the witness box as "brief".
The coroner said the legal teams representing the victims of the families did not have an opportunity to put certain questions to him.
She said those questions included issues around why he could not open Exit 5 on the early morning in question, "despite trying hard", and seeing the general manager Eamon Butterly along with Leo Doyle outside the building after he made it out.
Mr O’Neill gave evidence to the inquests last September. Then, the court heard he had initially told gardaí in 1981 that Exit 5 was easy to open before telling them that was not correct and that he had in fact failed to open it.
'Part-heard' witness
Mr O'Neill was asked by Mark Tottenham, counsel for the inquests, what had led to him changing his account.
He said that his recollection was that he had breathed in a lot of fumes and that his recollection of events was not very clear.
He said that he had felt guilty that he failed to open a door that could have been used by people to get out.
Dr Cullinane also said today that another doorman, John Furley, should also be regarded as a "part-heard" witness.
She told the jury that he had given evidence in person over the course of days 34, 35 and 36 of the hearings before she requested he step down after she formed the opinion that he appeared physically unwell.
He was unable to return to the witness box and subsequently the coroner received medical reports, and he was then stood down permanently.
The coroner said that there were certain areas the legal team may have wished to pursue with him, including what discussions were there among doormen, after the fire about the doors.
Carpet tile supplier's evidence
The inquests also heard today about how the supplier of the carpet tiles that were used on the walls of the Stardust "never recommended" their products to be used that way.
The evidence of Graham Whitehead who was the company secretary of Illingworth Carpets, which he gave to the 1981 Keane Tribunal, was read into the record.
He told the tribunal at the time: "We have never recommended" their products be used on walls.
"We could not stop it being done but we have not recommended it," he said.
Mr Whitehead was also asked if he was aware of any other premises, either in England or Ireland, where carpet tiles were used as wall tiles.
"I am not aware of any carpet tiles being was as wall covering," he said.
He was asked that if his company at the time manufactured any carpet tiles for use on walls.
He said: "No, we have never produced such an article."
He also said the particular "stateroom" tile was being sold off as it had reached it end of life.
He agreed that was reflected in the price.
