An Application by Christine Forde for Judicial Review [HC (NI)]
| Jurisdiction | Northern Ireland |
| Judgment Date | 11 April 2008 |
| Date | 11 April 2008 |
| Court | High Court (Northern Ireland) |
Court and Reference: High Court of Justice in Northern Ireland; GIL7059
: Gillen J
Appearances:Mr O'Donoghue QC and Mr O'Connor for the applicant; Mr McCloskey QC and Mr McMillen for the respondent.
: Whether a coroner in Northern Ireland had jurisdiction to hold an inquest into a death that had occurred abroad where the body had been repatriated to Northern Ireland; whether the Attorney General could direct a coroner in Northern Ireland to hold an inquest in such circumstances
: The deceased died as the result of a fall from a balcony of his room on the fourth floor of a hotel in which he was staying in Spain. The applicant, the mother of the deceased, did not accept the findings of an investigation carried out in Spain that concluded her son had committed suicide and, the deceased's body having been returned to Northern Ireland and cremated, she requested that the coroner for Northern Ireland hold an inquest into the death. The request was declined on the ground that there was no jurisdiction to hold an inquest in the circumstances.
The applicant sought judicial review of the decision of the Attorney General not to instruct the coroner to hold an inquest, and further sought a declaration that the Attorney General was empowered by s. 14 of the Coroners Act (Northern Ireland) 1959 to direct any coroner in Northern Ireland to conduct an inquest into the death of any citizen of Northern Ireland whose death had occurred abroad and whose body had been returned to Northern Ireland.
Introduction
1. The applicant in this case is the mother of Clifford Michael Forde (date of birth 5 December 1984 and hereinafter described as the "deceased") who died on 13 July 2006 as a result of a fall from a balcony of his room on the fourth floor of a hotel in which he was staying in Ibiza, Spain. The applicant does not accept the findings of an investigation carried out in Spain that concluded her son committed suicide. The deceased's body was returned to Northern Ireland and shortly thereafter cremated. The applicant has requested that the coroner for Northern Ireland, Mr John Leckey, hold an inquest into his death but that request has been declined on the basis that there is no jurisdiction to hold such a request. The subject of this Judicial Review is a decision by the Attorney General on 19 September 2007 not to instruct the senior Coroner for Northern Ireland to hold an inquest into the death of the deceased. The applicant seeks an order of certiorari to quash that decision and in addition a declaration that the Attorney General is empowered by s. 14 of the Coroners Act (Northern Ireland) 1959 ("the 1959 Act") to direct any coroner in Northern Ireland to conduct an inquest into the death of any citizen of Northern Ireland whose death has occurred abroad and whose body has been returned to Northern Ireland. In essence the applicant seeks a definitive construction by the court of s. 14 of the 1959 Act and, although it is not strictly part of the judicial review proceedings, of s. 13 of the same Act. Mr O'Donoghue QC, who appeared on behalf of the applicant with Mr O'Connor, submitted that although the relief sought did not expressly request any relief in relation to s. 13, the court was obliged to consider its meaning in order to construe s. 14 of the Act.
Statutory framework
2. The following are the relevant extracts from the 1959 Act which have been referred to during this case or are mentioned in this judgment:
"2(1) The Lord Chancellor may appoint one, or more than one, coroner and deputy coroner for such district or districts and on such condition as to numbers, as the Lord Chancellor may determine.
6(1) Subject to the provisions of subs(2) and or s. 14 a coroner shall hold inquests only within the district for which he is, or is deemed to have been become appointed under this Act.
7. Every medical practitioner, registrar of deaths or funeral undertaker and every occupier of a house or mobile dwelling and every person in charge of any institution or premises in which a deceased person was residing, who has reason to believe that the deceased person died, either directly or indirectly, as a result of violence or misadventure or any unfair means, or as a result of negligence or misconduct or malpractice on the part of others, or from any cause other than natural illness or disease shall immediately notify the coroner within whose district the body of such deceased person is of the facts and circumstances relating to the death.
8. Whenever a dead body is found, or an unexpected or unexplained death, or a death attended by suspicious circumstances, occurs, the district inspector within whose district the body is found, or the death occurs, shall give or cause to be given immediate notice in writing thereof to the coroner within whose district the body is found or the death occurs, together with such information also in writing as he is able to obtain concerning the finding of the body or concerning the death.
9. Where there is reason to believe that a deceased person died in any of the circumstances mentioned in s. 7, the body of the deceased person shall not be cremated or buried and no chemical shall be applied to it externally or internally and no alteration of any kind shall be made until the coroner so authorises.
11(1) Where a coroner is informed that there is within his district the body of a deceased person and there is reason to believe that the deceased person died in any of the circumstances mentioned in s. 7 or s. 8 he shall instruct a constable to take possession of the body and shall make such investigation as may be required to enable him to determine whether or not an inquest is necessary.
13(1) Subject to subs(2) a coroner within whose district -
(a) a dead body is found; or
(b) an unexpected or unexplained death or a death in suspicious circumstances or in any of the circumstances mentioned in s. 7, occurred;
may hold an inquest either with a jury or, except in the cases in which a jury is required by sub-s(1) of s. 18, without a jury.
14. Where the Attorney General has reason to believe that a deceased person has died in circumstances which in his opinion make the holding of an inquest advisable he may direct any coroner (whether or not he is the coroner for the district in which the death has occurred) to conduct an inquest into the death of that person and that coroner shall proceed to conduct an inquest in accordance with the provisions of this Act (and as if, not being the coroner for the district in which the death occurred, he were such coroner) whether or not he or any other coroner has viewed the body, made any enquiry or investigation, held any inquest or done any other act in connection with the death."
Statutory framework in England and Wales
3. During the hearing of this matter, reference was made to the corresponding legislation in England and Wales namely theCoroners Act 1988 ("the 1988 Act"). I shall set out the relevant sections as follows:
"8(1) Where a coroner is informed that the body of a person ("the deceaed") is lying within his district and there is reasonable cause to suspect that the deceased -
(a) has died a violent or an unnatural death;
(b) has died a sudden death of which the cause is unknown; or
(c) has died in prison or in such a place or in such circumstances to require an inquest under any other Act,
then, whether the cause of death arose within his district or not, the coroner shall as soon as practicable hold an inquest into the death of the deceased either with or, subject to sub-s(3) below without a jury.
13(1) This section applies where, on an application by or under the authority of the Attorney General, the High Court is satisfied as respects a coroner ("the coroner concerned") either -
(a) that he refuses or neglects to hold an inquest which ought to be held; or
(b) where an inquest has been held by him, that (whether by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of enquiry, the discovery of new facts or evidence or otherwise) it is necessary or desirable in the interests of justice that another inquest should be held.
(2) The High Court may -
(a) order an inquest or, as the case may be, another inquest to be held into the death either -
(i) by the coroner concerned; or
(ii) by the coroner for another district in the same administrative area;
(b) order the coroner concerned to pay such costs of and incidental to the application as to the court may appear just; and
(c) where an inquest has been held, quash the inquisition on that inquest.
(3) In relation to an inquest held under sub-s(2)(a)(ii) above, the coroner by whom it is held shall be treated for the purposes of this Act as if he were the coroner for the district of the coroner concerned."
History of the Northern Ireland legislation
4. Mr O'Donoghue QC, who appeared on behalf of the applicant with Mr O'Connor, outlined a helpful history of the statutory development of the jurisdiction of the coroner in Ireland. In addition the early origins of the office of coroner in Ireland is helpfully traced in "Coroners' Law and Practice in Northern Ireland" by John Leckey and Desmond Greer, an SLS legal publication at p1 et seq (hereinafter referred to as "Leckey and Greer").
5. The office of coroner in Ireland, as in England, has its origin in common law. The office was duly regularised in statutory form. In Ireland the principal substantive legislative origins lie in the Coroners (Ireland) Act 1846 (9&10 Vict cap 37)("the 1846 Act") which remained the primary legislation in Northern Ireland until the 1959 legislation was enacted by the Parliament at Stormont. The 1846 Act was described as an Act of Parliament amending the laws relating to the office of coroner and the expenses of inquests in...
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