Inquest
Inquest
An inquest is a formal court hearing conducted by a Coroner as part of a Coronial Investigation. It is used to gather and examine evidence about the cause and circumstances of a person’s death and, where appropriate, to consider whether anything can be learned that might help prevent similar deaths in the future.
An inquest is not a trial. There is no jury, and the purpose is not to decide whether someone is guilty of a criminal offence or civilly liable for the death. The proceedings are investigative rather than adversarial.
Very few deaths result in an inquest. Most coronial investigations are completed without a formal inquest. An inquest is mandatory in certain circumstances, including particular deaths in custody, deaths occurring in care where issues about the care are raised, and deaths resulting from police operations unless the coroner considers an inquest unnecessary. A coroner may also hold an inquest where it is considered to be in the public interest.
What an inquest can examine. An inquest may consider much more than the immediate medical cause of death. Depending on the circumstances, the Coroner may examine the events leading up to the death, the actions of people involved, medical treatment, environmental conditions, equipment, systems, policies or other factors that may have contributed.
The inquest into the death of Arie Hirdansyah Putra, for example, examined a fatal motor vehicle collision as well as the road conditions, the truck’s braking systems, the driver’s manner of driving and possible safety measures that might have prevented or reduced the risk of a similar collision.
Evidence is heard. Witnesses may include police officers, family members, doctors, scientists, other experts and people who witnessed events surrounding the death. Witnesses may give evidence under oath or affirmation, and the Coroner and other people granted leave to appear may ask questions.
Counsel Assisting. The Coroner is assisted by a lawyer known as Counsel Assisting. Their role is to help ensure the relevant evidence and issues are properly presented to the Coroner. Counsel Assisting does not act as the family’s lawyer.
Families can participate. Family members may attend an inquest and, depending on their circumstances and whether they are a witness or have been granted leave to appear, may participate in the proceedings. Families are not required to attend simply because an inquest is being held. The evidence can sometimes be difficult to hear, particularly where medical details or circumstances surrounding the death are discussed in open court.
Inquests are generally open to the public. An inquest is normally held in public, although a Coroner can exclude people or the public in particular circumstances and can restrict publication of certain evidence.
The hearing may be short or very long. The length depends on the complexity of the death, the number of witnesses and the issues being examined. An inquest may last a single day or continue for many weeks. A preliminary Pre-Inquest Conference is generally held first to determine the issues, witnesses, participants, likely duration and other arrangements.
The findings come afterwards. At the end of the hearing, the Coroner closes the evidence and generally adjourns the inquest to consider the evidence and prepare the findings. In complex matters, this period can last for months. The family and other interested persons are subsequently provided with the findings, and Queensland inquest findings are published on the Queensland Courts website.
Recommendations. An inquest may result in recommendations concerning public health and safety, the administration of justice or ways of preventing similar deaths in the future. These recommendations can extend beyond the particular death being investigated and may identify broader problems or opportunities for systemic improvement.
An inquest can happen long after the funeral. The person who has died may be released to their family and their funeral, burial or cremation may take place well before an inquest occurs. The coronial investigation can continue for months or years, with the eventual inquest and findings occurring long after the death itself.
An inquest is therefore a formal opportunity for a Coroner to examine a death in public, hear evidence and determine what can be established about what happened, while also considering whether anything can be done to prevent similar deaths in the future.