Family of woman who died 'fleeing ex' get new inquest

The family of a woman who fell to her death in a suspected attempt to escape her abusive ex-boyfriend has won a legal battle for a fresh inquest to examine potential "police failings".

Alan McMahon was the only other person in the fourth-storey flat when Linda O'Brien, 49, climbed out of the window and fell in the early hours of 9 May 2020.

Merseyside Police had been called to the home in Prescot a month earlier and found the pair together - but missed the fact McMahon was in breach of a restraining order and did not arrest him.

In 2023 a coroner had ruled out any "causative" link between the two incidents - a decision described as "irrational" and "flawed" by the Court of Appeal this week.

O'Brien's family had applied for a judicial review after the 2023 decision, and after that was rejected by the High Court they went to the Court of Appeal.

A panel of three judges said if 38-year-old McMahon had been arrested on 7 April 2020 it was "not merely probable, but highly likely" that he would have been in prison on the day O'Brien died a month later.

They quashed the original inquest conclusion of "accidental death" and a new hearing will take place before a different coroner.

In a statement issued via their solicitors, O'Brien's family said her life "could have been saved".

"This failure must be acknowledged to ensure no other family has to endure the pain and injustice we have suffered," they said.

"We will continue fighting for the truth and the justice that Linda deserves."

The court heard that on 7 April 2020 a neighbour had called 999 after hearing screaming from O'Brien's flat in Greenall Court.

When officers arrived they found both O'Brien and McMahon inside, who were described as "calm" - although he appeared intoxicated.

O'Brien told them there was no problem and she was not sure why they had been called, and they eventually left.

But the court found that if officers had checked the Police National Computer (PNC) correctly the restraining order was "there to see".

The five-year order had been issued in August 2019 when McMahon was jailed for 22 weeks, having pleaded guilty to assaulting O'Brien, causing actual bodily harm.

The Court of Appeal heard from witnesses who described their relationship as "toxic".

O'Brien's friend, Nicola Elliot, said she had told her she would "keep the flat in darkness" so McMahon would think she was out if he turned up.

"I pleaded with Linda to stay away from Alan as he would end up killing her," Elliot said.

"Linda agreed but then said she had an escape route if he did come back. Linda showed me the drain pipe near the window in the small spare bedroom."

The court heard that was the window from where she fell to her death.

When her body was examined, a pathologist found fresh injuries to O'Brien's mouth, lip and chin "which appeared recent and would be consistent with prior assault".

The court heard CCTV footage showed O'Brien climbing out of the window and lowering herself from the sill, before falling as she tried to turn - confirming she had not been pushed.

However in a written judgment, appeal court judge Lord Justice Edis wrote: "This raises the possibility that she had been the victim of a further violent assault by Alan McMahon and was attempting to escape from him when she died."

McMahon, who called the emergency services after the fall, was initially arrested on suspicion of murder but later jailed for breaching the restraining order.

O'Brien's sister and next-of-kin, Sharon O'Brien, had wanted the original inquest to examine whether her death "resulted from any act or omission by a police officer" - which would have required the coroner to sit with a jury, according to the Coroners and Justice Act 2009.

However the assistant coroner for Sefton and Knowlsey ruled the death was not linked to any police failing.

Lord Edis wrote: "He reached that decision on what I have found to be a false view of the facts, and in ignorance of key materials."

Solicitor Oliver Carter, from Irwin Mitchell, is representing the O'Brien family.

He said the decision was a "complete vindication" of their "tireless campaign".

"We are pleased that the coroner's unlawful decisions will be reconsidered by a different coroner in light of the Court of Appeal judgment, and we hope that Linda and her family will now get the inquest that they deserve."

A spokesperson for Merseyside Police said: "Our thoughts remain with Linda's family, friends and anybody affected by her death.

"We acknowledge the decision of the Court of Appeal and as the inquest is yet to take place it would be inappropriate for us to comment any further at this time."

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