The inquest was said to have been flawed because relevant material was withheld from the jury, factual issues were not addressed, and the Coroner had refused to leave open the possibility of a verdict of lack of care or neglect. The deceased had been in custody and a verdict of accidental death was returned.
Held: The Court could not be satisfied that enough had been done to ascertain whether there was a traumatic cause to the deterioration of the deceased which took place while he was in a police cell. The court felt unable to determine whether a different verdict would emerge from a fresh inquest, but because the inquiry had been inadequate a fresh inquest was ordered. A failure to resolve discrepancies in papers required a new inquest. There should be a new inquest with consideration being given to the question of neglect, where there was new evidence (which had not been investigated at the inquest) which could support a different verdict; and that in the circumstances it was necessary and desirable in the interests of justice that the inquisition be quashed and a new inquest held.
Judges:
Newman J
Citations:
Times 03-Apr-1996, [1996] 35 BMLR 48, (1996) COD
Statutes:
Citing:
Cited – Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson QBD 12-Jul-1993
A prisoner had hanged himself after being left unsupervised in a single cell. He was a known suicide risk, but the Coroner directed the jury not to return a verdict which included any reference to lack of care.
Held: A coroner was free not to . .
Cited by:
Cited – Regina on the Application of Mullholland v HM Coroner for St Pancras QBD 7-Nov-2003
The applicant sought to re-open a coroner’s inquest. The deceased had been drunk, slipped banged his head and fallen to the ground. Police and ambulance were called. The ambulance worker was not told he had been unconscious, and he was taken to the . .
Cited – Bloom v HM Assistant Deputy Coroner for the Northern District of London and Another Admn 20-Dec-2004
The deceased had gone to hospital and was diagnosed as having a kidney stone. As it was removed there was evidence of infection. She declined and was transferred to the local NHS hospital in intensive care. She died and a post-mortem identified . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 09 April 2022; Ref: scu.84476
