The Coroner – a Layman’s Guide
The Coroner is an independent person with responsibility to investigate sudden and unexplained deaths. If a person dies a sudden, unexplained, violet or unnatural death, the Coroner will arrange a post-mortem examination which will determine whether or not a death is due to natural causes. The post-mortem is carried out by a Pathologist who is appointed by the Coroner. After the post-mortem the Coroner may decide to hold an Inquest.
At an Inquest, it is the Coroner’s principal role to establish when, where and how the death occurred. It is not the Coroner’s role to determine who is responsible for the death and any criminal or civil liability cannot be considered or investigated. An Inquest is not a Trial but rather an inquiry into the facts that surround the sudden and unexplained death. The Coroner is independent to the Garda Siochana, Medical Services, State Agencies or anyone who may have an interest in the outcome of the death investigation.
The Coroner’s Act 1962 is the legislation that covers the work of a Coroner and Inquests. The Coroner’s Amendment Act 2005 abolished the restriction on the number of medical witnesses from whom a Coroner could hear evidence at an Inquest. It also increases the sanctions for both jurors and witnesses who do not co-operate with the Corner. The Coroners’ Bill 2007 reforms the legislation and structures and establishes a New Coroners Service. However, this Bill is still at Committee stage and is unlikely to be in force for some time yet.
An Inquest is always held in public and the Coroner will decide whether or not a jury will hear the case. In advance of the Inquest, the Coroner will receive depositions from the relevant people involved, post mortem reports and medical records, if relevant. The Coroner may call medical or expert witnesses. The purpose of this is not to establish blame but rather to establish the circumstances surrounding the death. Evidence is heard in a logical sequence in relation to the circumstances surrounding the death. The Coroner has the sole responsibility to determine which witnesses should be called.
At the conclusion of an Inquest, a verdict will be returned by the Coroner in relation to how, when and where the death occurred. The type of verdicts which can be returned include open verdict, misadventure, natural causes, accidental death or in some cases, unlawful killing.
The types of cases dealt with by Inquest involve road accidents, accidents at work and unexpected deaths in a hospital. Juries at an Inquest may also make recommendations which ensure a safer environment for the public.
In 2008 there were a total of 12,860 deaths which were reported in to the Coroner in Ireland. Of this number 5,693 proceeded to a post-mortem examination and 2,274 proceeded to an Inquest.
If you are called to give evidence at an Inquest and have any concerns, feel free to contact Hilary Muldowney for advice.
Hilary Muldowney
hmuldowney@hayes-solicitors.ie
Lisa Timmins
ltimmons@hayes-solicitors.ie