Concerns Over Expert Witness Independence at Noah Donohoe Inquest
At the inquest into the death of Noah Donohoe, questions have emerged regarding the independence of an expert witness representing a Stormont department.
The Department for Infrastructure is involved in the inquest due to its management of a culvert located in north Belfast, near where Noah was last seen nearly six years ago.
Noah's body was discovered in an underground water tunnel close to the M2 motorway in north Belfast in June 2020. He had disappeared six days earlier near the culvert entrance, more than 600 metres upstream beside a residential area at Northwood Road.
Expert Witness Background
Jeremy Benn, a hydrologist and engineer, has been instructed as an expert witness for the Department for Infrastructure at the inquest.
During his testimony on Thursday, Benn disclosed that he has provided training on culvert operations to staff at the Department for Infrastructure.
On Friday, it was revealed that Jeremy Benn Associates had previously undertaken consultancy contract work for the department while Benn was serving as its chief executive officer. Benn stated that he no longer holds that position, that the company is now owned by a staff trust, and that he currently holds an advisory role.
The witness was questioned about whether, after being approached to act as an expert witness for the department following Noah's death, he might have suggested that the department seek a more "independent" expert. Benn responded that if any potential "conflict of interest" arose from his business relationship with the department, it would be for department officials to decide whether to continue instructing him as an expert witness.
Department Correspondence and 'Seal of Approval'
The witness was also questioned about correspondence from the Department for Infrastructure in 2021—one year after Noah's death—sent to the then minister, Nichola Mallon, and the Police Service of Northern Ireland (PSNI). In this correspondence, the department indicated satisfaction with the type of screen installed at the culvert entrance.
Concerns regarding the safety of the screen type in place at the time have been a subject of scrutiny since Noah's death.
Benn was asked if he was aware that a brief phone call he had about the matter was being interpreted by the Department for Infrastructure—in its correspondence with the minister and the PSNI—as "your seal of approval." He replied:
"That wasn't my understanding, no".
When asked if the department was "overplaying" his role, Benn responded:
"I don't think it was deliberate".
Disagreement Over Screen Type and Safety
Other expert witnesses at the inquest have expressed disagreement with Benn's opinion regarding the type of screen used at the culvert at the time of Noah's death.
Benn has supported the department's use of a debris screen, which features wider bar spacing, as a preferred flood prevention measure. However, the inquest has heard that this type of screen allows people to enter it.
Other experts have argued that a security screen, with narrower bar spacing, should have been used at the site to prevent unauthorized access.
Nonetheless, Benn and representatives from the Department for Infrastructure have maintained that security screens pose a greater risk of potential entrapment.
Additionally, Benn acknowledged an error during his testimony related to the death of a man at a culvert in England. He initially linked the death to a security screen at the site but later admitted:
"There's an error on my part".
It was clarified that there was no security screen issue at the English site at the time of the tragedy.
The coroner, Mr Justice Rooney, highlighted to Benn that the three culvert-related deaths he referenced during the inquest did not involve security screens.
Inquest Proceedings and Department Presence
Officials from the Department for Infrastructure observed Benn's evidence from the public gallery during the inquest.
Benn is scheduled to complete his testimony at a future date.
