Dáil Éireann Debate, Wednesday - 23 May 2018
39. Deputy John Brassil asked the Minister for Justice and Equality if he will direct the Law Reform Commission to undertake a review of the coroner court system, including a re-examination of the way in which it operates, its operational procedures, the roles involved, the outcome of the jury in the court process and the changes which need to be made (details supplied); and if he will make a statement on the matter. [22379/18]
View answerThe tragic incident concerned took place on 1 July, 2012 and I want to express my sympathies to the family of the deceased person.
I understand that the then coroner for Kerry South and East opened an inquest on 24 September 2012, and adjourned it, as he was obliged to do, on foot of a request from An Garda Síochána under Section 25 of the Coroners Act, 1962. I am informed, however, that a death certificate in respect of the deceased was issued promptly in 2012 by the Civil Registrar on foot of notification by the coroner that an inquest had been opened and adjourned.
The death in this case resulted from a hit and run event and the driver fled the jurisdiction immediately afterwards. This led to a lengthy and complex investigation by the Gardaí. The driver was eventually detained in the UK and returned to Ireland in 2014. A successful criminal prosecution against him concluded in April 2015.
In addition, however, following the conclusion of that case, the Gardaí took a criminal prosecution against another person in relation to the incident which concluded in late June 2017. I understand that there were also civil proceedings which concluded in January 2018.
I am informed that the current coroner for Kerry South and East received confirmation from the Gardaí in January 2018 that the inquest could proceed and she made arrangements for the inquest which was completed in early May 2018. The inquest returned a verdict of accidental death in respect of the deceased person. As the Deputy will be aware, an inquest is not permitted to return a verdict that apportions blame or exoneration to a person. That is a matter entirely for the courts established under the Constitution.
As you will appreciate, I can make no particular comment on the outcome of the criminal cases concerned. Nor do I, as Minister, have a role in the conduct of an inquest by a coroner or of a criminal investigation by An Garda Síochána. I understand that the deceased's family praised the painstaking work of the Gardaí in their investigation into the death.
I have every sympathy for the family in this case, who had to deal with a long delay between the death of their loved one and the completion of the inquest. The particular circumstances of the case are such that I do not believe they justify a review of the coronial system as a whole and I therefore have no plans to make a request to the Law Reform Commission as suggested by the Deputy.
