HM Senior Coroner for North West Wales
| Jurisdiction | England & Wales |
| Judge | Lord Justice Holroyde,Mrs Justice Andrews |
| Judgment Date | 09 May 2017 |
| Neutral Citation | [2018] EWHC 1366 (Admin) |
| Docket Number | CO/5124/2017 |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 09 May 2017 |
An Application by:
[2018] EWHC 1366 (Admin)
Lord Justice Holroyde
Mrs Justice Andrews DBE
CO/5124/2017
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Mr A Jones (instructed in-house by Gwynedd Council) appeared on behalf of the Applicant.
On 9 th November 1985 the remains of an adult male were found on a beach in Anglesey. Examination showed that the body bore three longstanding scars on the abdomen and that several teeth were missing. Enquiries made at the time failed to identify these human remains. One possibility which was investigated was that they might be the remains of Mr Joseph Dowley, who had not been seen by his family since 17 th October 1985, when he set off from Kilkenny to catch the ferry to Holyhead. However, information from Mr Dowley's estranged wife, to the effect that he had a full set of teeth, led to that line of enquiry being abandoned. On 28 th January 1986, the then HM Coroner for Anglesey recorded a determination that the deceased was unknown and that the cause of his death was submersion in water. The Coroner recorded an open verdict.
Mr Dowley's family continued to pursue their own enquiries. They were able to obtain information from a woman with whom Mr Dowley had been living in London, to the effect that at the time of his disappearance he had several missing teeth. Medical records have also been located showing that Mr Dowley had three surgical scars on his abdomen. His family believe that the remains found so many years ago may well be those of Mr Dowley. If that identification can be confirmed, they would understandably wish to be able to bury the remains in Mr Dowley's native Ireland.
In these sad circumstances, Her Majesty's Senior Coroner for North West Wales, the coroner in whose area Anglesey now falls, applies to this court pursuant to section 13 of the Coroners Act 1988 for an order quashing the inquest held on 28 th January 1986 and directing a fresh investigation pursuant to Part 1 of the Coroners and Justice Act 2009. So far as material for present purposes, section 13 of the 1988 Act provides:
“(1) This section applies where, on an application by or under the authority of the...
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