HM Coroner County Durham and Darlington

Under section 13 of the Coroners Act 1988, the High Court may quash an inquisition and order a fresh investigation, including an inquest, where new facts or evidence make that course necessary or desirable in the interests of justice. The jurisdiction is engaged where the new material could materially undermine the original conclusion and indicates that an alternative conclusion might have been reached had it been available at the inquest.

The Senior Coroner for County Durham and Darlington, with the Attorney-General’s fiat, applied to quash the inquisition into the death of Graham Kelvin Emmerson and to obtain a fresh inquest. The original inquest concluded that the deceased had intentionally taken his own life. After the inquest, the family supplied further evidence concerning the timing and significance of paracetamol toxicity, the date and context of letters indicating suicidal intent, the deceased’s plans and activities shortly before death, and his apparent state of mind. The central issue was whether that new material made a further investigation necessary or desirable in the interests of justice.

1. The application was granted. The inquisition taken on 10 September 2013 was quashed, and a fresh investigation, including an inquest, was ordered.
2. Section 13(1) of the Coroners Act 1988, as amended, empowers the court to order another inquest where new facts or evidence make that course necessary or desirable in the interests of justice. Section 13(2) permits the court to quash the existing inquisition and direct the fresh investigation.
3. The new evidence was capable of materially affecting the original conclusion. The toxicology evidence did not establish that an excessive quantity of paracetamol had been taken immediately before death, and did not exclude an earlier ingestion. The letters relied upon at the original inquest might relate to an earlier suicide attempt and relationship break-up. Further evidence indicated that the deceased had recently passed an HGV driving test, was preparing to start a new job, had made arrangements concerning his daughter, and showed no unusual deterioration in mood shortly before his death.
4. The Senior Coroner himself considered that, had the additional information been available at the original inquest, an alternative verdict was likely. In those circumstances, it was necessary and desirable in the interests of justice to hold another inquest.
5. The court directed that the fresh investigation and inquest be held by the Senior Coroner as soon as reasonably practicable.