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High Court determines that a coroner was correct in law to give a ruling that a verdict of unlawful killing could not be ruled out at an inquest into a tragic fire incident, on the grounds that an inquest is an inquisitorial fact finding hearing to establish the facts concerning the who, how, when, where and circumstances of a person’s death, and the applicable legislation: (1) does not prohibit an inquest establishing the facts concerning the circumstances of a person’s death; (2) does not prohibit verdicts of unlawful killing; and (3) gives a coroner discretion to consider the circumstances of a person’s death.
Coroners Acts – inquest into Stardust fire – whether the provisions of the Coroners Act preclude a verdict of unlawful killing – Court held that an inquest is a fact finding exercise with specific statutory restrictions on making any judgment on liability of a civil or criminal nature on those facts – Court satisfied that a jury at an inquest may bring in a verdict of unlawful killing but that such a verdict is only available in circumstances where no person(s) is identified or identifiable – inquest is not an exercise of considering or apportioning blame or exoneration – sections 30 and 31 of the Coroners Acts prohibit questions of civil or criminal liability being considered or investigated but do not restrict an inquest establishing the facts concerning the circumstances of a person’s death even though those facts may in another forum be relevant to issues of civil or criminal liability – parties before an inquest are entitled to fair procedures but the entitlement is limited given the statutory confines within which an inquest takes place – section 18(A) gives a Coroner discretion to consider the circumstances of a person’s death – it is a matter for the Coroner, having heard all the evidence, who gave the evidence and considered the submissions of the parties, to direct the jury as to the permissible verdicts.
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