Butler did it
Inquests , Issue 1645

AN important victory for press freedom, as a senior coroner has rowed back on his decision to hold an inquest in secret, following a challenge by a group of media lawyers based on the centuries-old principle of open justice. But the same coroner is refusing to reveal the outcome of a different inquest, amid widespread confusion and concern over how new powers to hold inquests "in writing" should be used.

The stated goal of inquests in writing, under powers granted to coroners in 2022, is to avoid unnecessary hearings to benefit bereaved families, but ministers may have had one eye on speeding up the process of clearing the soaring backlog of inquests.

Closed door
Crispin Butler, senior coroner for Buckinghamshire, held an inquest in writing into the death of 38-year-old Graham Whelan, then refused to disclose his findings when approached by the media, resulting in a de facto secret inquest.

Freelance court hack Charlie Moloney made a formal application, pointing out the move was unprecedented in coroners' courts.

Butler held firm to his original decision, until Moloney submitted a legal letter threatening judicial review, with assistance from the Media Lawyers Association, a group of in-house lawyers at national newspapers and broadcasters, which instructed Guy Vassall-Adams KC to write the pre-action letter, pointing out numerous errors of law in Butler's approach.

Butler replied that while he "maintains the view that each request would still fall to be considered on its merits", he would yield to the disclosure request, revealing that Mr Whelan's death by hanging at his home was ruled as misadventure. There was no foul play, nor was he intending to die. A sad case, but not at all unusual in the coroners' courts and generally reported without sensation by local press.

Clear as mud
While the outcome may serve as a shot across the bows to coroners who seek to hold inquests entirely in secret, the inquest in writing regime raises further problems for transparency.

Although guidance from the chief coroner says "the press should be allowed to inspect the record of inquest or copy it or have a copy provided", there is some confusion nationally over the new system. Moloney says one area coroner called him in response to a request for her conclusions in a paper inquest to ask his opinion on whether she should speak to the deceased's family first.

Moloney has since launched a further appeal over Butler's decision to refuse to reveal the outcome of an inquest into the death of a 16-year-old boy for "reasons of family safeguarding, security and wellbeing".

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HACKWATCH: TOYBOY TIMES
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