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R (Metropolitan Police Commissioner) v South London Coroner [re Scott Robbins, deceased], 30 June 2003, Davis J
This was an application, by the Metropolitan Police Commissioner, for judicial review of the decision by the coroner, at an inquest into the death by self-hanging of an accused person held over the weekend in a police cell, to leave a neglect rider to the jury. The coroner had also rejected an application by the family of the deceased to leave to the jury the conclusion "the deceased died as a result of the violation of his right to life contrary to Article 2 of the ECHR." The jury returned a conclusion of suicide contributed to by system neglect.
Michael Wood QC and Ian Daniels appeared for the MPC
Adrian Whitfield QC appeared for the coroner
Clare Sibson appeared for the individual police officers involved
Stephen Simblett appeared for the family of the deceased
In summary the judge held:
1 The coroner had been right to reject the "violation of right to life" conclusion, as too arcane and quasi-legal for a coroner's jury;
2 It was not a sufficiently borderline case for the coroner to have a discretion to decide whether to leave either ordinary neglect or system neglect to the jury
3 Instead, as a matter of law there was insufficient evidence to justify leaving either conclusion;
4 In addition there had not been sufficient evidence of a clear and direct causal connection between any alleged neglect and the death;
5 The appropriate remedy was to quash the conclusion so far as it read "contributed to by system neglect"; there was no need for a fresh inquest.
The claimant asked for his costs against the coroner, relying on Touche. The judge said that even since Touche it was a matter of discretion, and that in the exercise of that discretion he would make no order as to costs.
For the transcript of the decision, click here.
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Last modified: Monday, 09-Aug-2004 08:53:20 BST by: Malcolm Bishop