THE family of a man suspected of shooting Donna Cleary dead at a house party are planning to sue the State over his detention and subsequent death in garda custody.

Dwayne Foster (24) allegedly opened fire at a house party in Coolock, in March 2006, killing innocent Donna Cleary, a 22-year-old mum-of-one.

Mr Foster's family intend to seek compensation for his death, which was determined as death by "methadone intoxication" while he was in custody.

The case is expected to centre on the circumstances around which he was given methadone, a heroin replacement drug, while he was being held in connection with the murder.

Ms Cleary's tragic death occurred on May 5, 2006, after Foster and four men tried to gain access to a 40th birthday party at a house on Adare Green, Coolock. The men were turned away from the birthday bash after a scuffle.

Gardai say the men left the scene of the party in a car and four of the five came back a short time later. Witnesses at Ms Cleary's inquest said they saw the gunman get out of the car carrying a firearm.

Mr Foster then stood at the front of the house and fired five shots into the crowded house using a 9mm pistol, the inquest heard. One of the bullets fatally wounded Donna in the chest.

Garda Michael Leonard of Coolock Garda Station told the inquest he arrived on the scene shortly after 2.30am and discovered her on the ground. She was then taken by ambulance to nearby Beaumont Hospital but died a short time later.

Wound

A post-mortem examination confirmed she died from a gunshot wound to her chest, which caused shock and heavy internal haemorrhage. The bullet had entered her lung.

Later Mr Foster was identified by eyewitnesses as the man who fired the shots. Gardai have never had any other suspect for the murder. Mr Foster and his associates were arrested at a house in Co Kildare hours later.

He was taken to Coolock Garda Station for questioning. Foster was a drug user and a former cancer patient. When he complained of feeling unwell he was seen by a doctor three times at the station. He was later taken to Beaumont Hospital to be examined but was later taken back to the garda station.

Then in the early hours of May 7, 2006, he was found in an unresponsive state in his cell at Coolock Garda Station. He was taken by ambulance back to Beaumont Hospital where he was pronounced dead at 3.15am.

Mr Foster's inquest has not concluded, but a hearing last December heard that Deputy State Pathologist Dr Michael Curtis performed the post-mortem and recorded the cause of death as "methadone intoxication".

His family now intend to sue the State in relation to his death, questioning the circumstances surrounding his death.

- Lisa-Anne Crookes