Inquests

An inquest is an independent investigation into the facts surrounding a sudden, unexplained, unnatural, or violent death. An inquest may be required where a death results from misconduct or malpractice, and in circumstances where public interest requires that an inquest should be held.

While they are an integral part of the judicial system, the coroner’s role is above all a fact finding investigative one. They investigate the circumstances of reportable deaths: how, when, where, and why a death occurred. A coroner’s verdict does not look to find any person responsible for the death, nor if a crime was committed. It does not impose or determine civil or criminal liability; rather it reports findings of fact, based on the evidence.

Where inquests are carried out in a timely and open manner, families benefit from the opportunity to have input into the process and to be heard. This requires having appropriate information about the process, available support services and being treated fairly and compassionately.

Mulligan solicitors can help you at this difficult time. We can:

• explain the process and represent you at inquest, if necessary;
• assist with preparation of a request to the coroner; or
• assist with an action for judicial review to the High Court, where a coroner has refused an inquest.

Procedure

Next of kin will be advised, 14 days in advance of the decision to hold an inquest. Any person who wishes to be present and/or involved at an inquest is entitled to contact the coroner, and may request copies of witness statements that will be considered at the inquest. Family members may make representations to the coroner where they believe that other relevant persons should be called to give evidence, or that other documentation should be sought and examined at the inquest. Ultimately the coroner has discretion as to what evidence and witnesses will be called. The coroner may direct the production of documents and evidence and inspect, copy and keep these for as long as necessary. Interested persons are present at an inquest to assist the investigative process. They are not responding to or making a charge against any other person.

Judicial review

Inquests are required to be held in accordance with natural justice and fair procedures, and verdicts are open to challenge by way of judicial review. To successfully challenge a coroner’s verdict, or to obtain an order for a second inquest, the applicant would have to show, for example, that there was blatant error, a failure to carry out an effective, fair, and independent investigation, or a failure to consider relevant evidence.

Please contact Muriel by emailing muriel@mulligansolicitors.ie or phone Muriel at 01 6373946 if you require further information in relation to a potential inquest.