Dealing with consequences of an open Coroner's Court
How do we protect police officers from the “media dogs”?
That was one of the questions put to Chief Coroner Neil MacLean at the Police Association Annual Conference last month, expressing some of the frustration members feel since changes to the law have made the Coroner’s Court more open. As a result, police officers giving evidence have sometimes become the target of criticism, even, in some cases, from the coroner.
Among the most vulnerable are officers appearing as witnesses in “police involved deaths”. Police Association President Greg O’Connor said that because the hearings were in public, there was no protection for officers called to give evidence.
Judge MacLean told the conference that it was true that in high profile cases, police officers have felt vulnerable, but the coroner had to do his or her job without fear or favour. Under the act, the overriding factor was that the coroner had to be neutral and not be seen to be protecting any particular person in the courtroom. “We operate in public, which has benefits and pitfalls, but the starting point is openness . . suppression [of names or evidence] should be the exception not the rule.”
He suggested that police could have their own lawyer in court to make a case for suppression, but the reaction might well be, why should that person be treated differently to other witnesses?
The response from one delegate was to point out that a police officer involved death was an exceptional circumstance and for the officer it would be the most traumatic experience of their life.
As far as his ability to direct coroners went, the Chief Coroner said each was an individual judicial officer. The approach to matters of evidence could vary from coroner to coroner, but at the heart of the system was the neutrality and openness of the court.
Letieza Ord, of Ord Legal, also spoke to the conference and agreed there were difficulties for police officers under the Coroners Act. “There have been some disasters where police have been hung out to dry,” she said.
It was a good idea, therefore, to identify cases that would have a media profile and get legal advice beforehand. Lawyers could protect officers, prevent names being published and make sure that the questions being asked were fair and that the evidence being presented was expert.
Ms Ord said there was already provision in the act for a coroner to suppress evidence. She also suggested that the Chief Coroner can formulate practice notes for all coroners, and this is already part of the act.
Mr O’Connor said delegates must let the Association know as soon as possible about cases that were coming up. “Once allegations are out there, they can’t be put back in the box,” he said.
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If you are called to give evidence in a coronial inquiry and were closely involved in the death, please contact your local Association Field Officer as soon as possible. It is important that we can assess whether you require representation at the hearing at an early stage. |
