Morris v Dublin City Coroner
| Jurisdiction | Ireland |
| Judge | Mr. Justice Kinlen |
| Judgment Date | 08 October 1999 |
| Neutral Citation | [1999] IEHC 256 |
| Court | High Court |
| Docket Number | RECORD NO. 473 J.R. 1998 |
| Date | 08 October 1999 |
[1999] IEHC 256
THE HIGH COURT
BETWEEN
AND
Citations:
CORONERS ACT 1962 S28
CORONERS ACT 1962 S29(1)
CORONERS ACT 1962 S30
CORONERS ACT 1962 S56
OSBOURNS CONCISE LEGAL DICTIONARY 8ED 113 "DEPOSITION"
MOZLEY & WHITELEY LAW DICTIONARY 11ED 80 "DEPOSITION"
MURDOCH DICTIONARY OF IRISH LAW 2ED 156 "DEPOSITION"
CROSS ON EVIDENCE 7ED 263
RSC O.39 r11
O'CONNOR HANDBOOK FOR CORONERS IN THE REPUBLIC OF IRELAND (1997) 95–96
RESTORATION OF ORDER IN IRELAND ACT 1920
ROE V BLOOD TRANSFUSION SERVICE BOARD 1996 3 IR 67
RYAN AIR LTD, IN RE 1989 IR 126, 1989 ILRM 757
KELLY ON CONSTITUTION 330–400
FARRELL V AG 1998 1 IR 203
R V SOUTH LONDON CORONER EX-PARTE THOMPSON 1982 126 SJ 625
HALSBURYS LAWS OF ENGLAND 4ED V9(2)
LECKEY & GREER CORONERS LAW & PRACTICE IN NORTHERN IRELAND (1998) PARA 9–37
MINISTRY OF DEFENCES APPLICATION, IN RE 1994 NI 279
R V HM CORONER FOR NEWCASTLE-UPON-TYNE EX-PARTE A 1998 162 JP 387, 1998 COD 163
CORONERS RULES 1984 (SI 1984 NO 552) (UK)
R V HM CORONER AT HAMMERSMITH EX-PARTE PEACH 1980 2 AER 7
MAILEY, IN RE 1980 NI 102
R V EDGAR 1958 2 AER 494
R V KERRY 1976 CAR 152
R V BARNET MAGISTRATES COURT EX-PARTE WOOD 1993 CLR 78
JORDAN, IN RE UNREP 28.6.1996 CA (UK)
DPP V GOULDING 2000 1 ILRM 147
CORONERS ACT 1962 S29(2)
CORONERS ACT 1962 S29(3)
CORONERS ACT 1962 S29(4)
Synopsis
Coroner
Coroner; judicial review; statutory interpretation; members of Garda Síochána to testify at coroner's inquest; threats made to personal security of witnesses; respondent ruled that gardaí could give evidence anonymously, that they could be screened form public view and that the identity of the garda gun could be deleted from forensic report; applicant seeks orders of certiorari; whether respondent acted ultra vires his jurisdiction; ss. 28, 29, 30 and 56, Coroners Act, 1962.
Held: Orders of certiorari granted.
Morris v. Dublin City Coroner - High Court: Kinlen J. - 08/10/1999 - [2000] 3 IR 592
While the Court appreciated the security concerns of the members of An Garda Siochana whose evidence was sought it was up to the legislature to provide for such security concerns and the Coroner did not have the power to make the orders he did. The High Court so held in granting the orders of certiorari sought.
on the 8th day of October. 1999.
This is an application for an Order of Certiorari by way of an application for Judicial Review of the ruling and decision of the Respondent made on 10th September, 1998 to permit witnesses who are members of the Garda Siochána to testify at the inquest of John Morris, deceased, with anonymity in a manner whereby they would be identified only by code letter.
They also seek by Order of Certiorari a Judicial Review of the ruling and decision of the Respondent made on 10th September, 1998 to permit the identification of the forensic and ballistic reports which are to be adduced in evidence at the inquest by identification numbers which would identify the weapons used and the exclusion from the said reports of the identify of witnesses and members of the Garda Siochana.
In the Coroners Act,1962it is provided under Section 28 that:-
"Where a coroner holding an inquest does not take depositions he shall take a note of the name and address of every person who gives evidence at the inquest."
2 29(1) Every deposition or note of the names and addresses of witnesses taken at an inquest, every report of a post-mortem examination made in pursuance of this Act and every record of the verdict returned at an inquest shall be preserved by the coroner.
(2) When a coroner ceases to hold office all documents preserved by him under this section shall be handed over to the county registrar for the county or county borough in which his district is situate and the county registrar shall preserve the documents.
(3) A coroner shall furnish a copy of any document preserved by him under this section to every applicant therefor and, except where the application is made on behalf of the Minister of State or the Garda Siochána, may charge for a copy such fee as may be prescribed.
4) A county registrar shall furnish a copy of any document preserved by him under this section to every applicant therefor and, except where the application is made on behalf of the Minister of State or the Garda Siochána, shall charge for a copy such fee as may be prescribed.
Section 30 provides that questions of civil or criminal liability shall not be considered or investigated at an inquest and accordingly every inquest shall be confined to ascertaining the identity of the person in relation to whose death the inquest is being held and how, when and where the death occurred.
Section 56 provides that forms may be prescribed in respect of the inquest including depositions and records. Until forms have been prescribed under this section the forms usually used before the commencement of this Act continue to be used and may when necessary be modified so as to conform with the provisions of this Act.
It is clear that under the Act an agreed deposition or note of the names and addresses of witnesses taken at an inquest and a report of a post-mortem examination and every record of a verdict must be preserved and copies of any preserved documents must be provided on payment of the appropriate fee to every applicant therefor.
Accordingly, at first blush the coroner is obliged to provide the name and address of every person who gives evidence at the inquest if he does not take depositions. Mr. Charleton argues that Section 29, Sub-section (1), makes a clear distinction between every deposition or note of the names and addresses of witnesses taken at an inquest. He argues that a deposition does not have to be signed or the person who makes it identified.
What is a deposition? In Osbourn's Concise Legal Dictionary (8th Ed.) London Sweet & Maxwell, 1993, p. 113 it is defined as:-
"A statement on oath of a witness in a judicial proceeding: in committal proceedings, the evidence of a witness before examining justice is taken down in writing and signed by the witness. The examining justices should sign a certificate listing each witness who gave oral evidence and signed a deposition."
In Mozley & Whiteley's Law Dictionary (1lth Ed.) Butterworths, 1993, at p. 80 defines a deposition as follows:-
"A word to indicate written evidence or oral evidence taken down in writing."
A Dictionary of Irish Law, Henry Murdock, (Revised 2nd Ed.) Topez Publications Dublin, 1993 at p. 156 defines a deposition as:-
"A statement on oath of a witness in a judicial proceeding, e.g., the statement of witnesses in criminal matters before the committing justice: RSC O. 86 r.50. Generally a deposition may not be given in evidence at a trial without the consent of the party against whom it may be offered, unless the deponent is dead, or beyond the jurisdiction of the court, or unable from sickness or other infirmity to attend the trial: RSC O.39 r.17. If the deponent refuses to sign the deposition, it must be signed by an examiner: RSC 0. 39 r.11,15."
Cross on Evidence (7th Ed.) Butterworths, London, 1990 confirms at p. 263 that:-
"When depositions are taken by a coroner, there does not appear to be any similar statutory provision for their being read at any trial that takes place on the coroners inquisition."
This is subject to the exception that a deposition might be read where the deponent has since died and if the deposition was signed by him and the coroner and the accused had the opportunity to cross-examine the deponent. RSC 0.39 r.l1 provides that a deposition when completed is read over to the witness and signed by him in the presence of the parties or of such of them as may think to attend. If the witness refused to sign the deposition the Examiner shall sign the same.
The case is made that the gardai will give evidence behind the screen in the presence of the lawyers for the deceased of the jury and the coroner but will be identified by letters and no-one else will be allowed to know what they look like and the letters will not be identified by a name or address to anyone including the coroner. This would be a radical departure from the normal procedure for a coroner with statutory inquiries which are of their nature extremely limited.
In the very useful "Handbook for Coroners in the Republic of Ireland" by Patrick O'Connor, Old House Press, Swinford, 1997 presently President of the Law Society, precedents are given for depositions at pp. 95-96. They appear as follows:-
The Dublin City Coroner is a registered medical practitioner and a Barrister at Law. He has filed an Affidavit in this matter which sets out the facts.
The inquest under the provisions of the Coroners Act,1962were performed by him in the Coroners Court in Store Street, Dublin 1 on 16th July, 1997 inquiring into the death of John Morris on 4th June, 1997. On the grounds that garda inquiries were on-going, the said inquest was adjourned on the application of an Inspector of An Garda Siochána.
(a) that the gardaí concerned should not be called to give evidence in person as a threat to their safety had been made by a subversive organisation, namely, the INLA.; and
(b) it was also indicated that the threat was made to RTE and that the gardaí had serious concerns for their personal safety and the safety of their families if they be required to give evidence in person at the inquest.
Counsel for the Commissioner of An Garda Siochána reiterated the concerns of the gardaí.
Counsel for the gardaí further submitted that the forensic reports on the garda...
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