Ramseyer -v- Mahon [2005] IESC 82 (06 December 2005)

Ramseyer -v- Mahon [2005] IESC 82 (06 December 2005)

A person with a legitimate interest in an inquest, such as next of kin, is entitled to an appropriate level of fair procedures, which may include advance access to witness statements where refusal would unduly prejudice participation. The coroner retains discretion but must not exercise it on erroneous grounds such as confusing probative value with informational value or treating all requests as adversarial.

Citation
[2005] IESC 82
Parties
Applicant/appellant: Nuala Ramseyer; Respondent/respondent: Brian Mahon, Acting Coroner for the County of Offaly
Jurisdiction
Ireland
Judgment Date
06 December 2005
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Dismissal
Outcome
Appeal allowed; High Court order set aside to the extent indicated
Legal Topics
Disclosure of Documents, Fair Procedures, Natural Justice, Inquisitorial Proceedings, Coroner's Discretion
Administrative Law Coroners Law Procedural Law Disclosure of Documents Fair Procedures Natural Justice Inquisitorial Proceedings Coroner's Discretion

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Parties

Nuala Ramseyer

Applicant/appellant

Brian Mahon, Acting Coroner for the County of Offaly

Respondent/respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether the coroner is obliged to provide advance access to draft depositions and witness statements to next of kin prior to an inquest
  2. 2 Whether refusal to provide such access breaches fair procedures or natural justice

Ratio Decidendi

A person with a legitimate interest in an inquest, such as next of kin, is entitled to an appropriate level of fair procedures, which may include advance access to witness statements where refusal would unduly prejudice participation. The coroner retains discretion but must not exercise it on erroneous grounds such as confusing probative value with informational value or treating all requests as adversarial.

Court Disposition

Appeal allowed; High Court order set aside to the extent indicated

Orders

  • Declaration that the applicant should be provided with copies of any statements of proposed witnesses in the possession of the coroner, subject to the coroner's discretion regarding sensitive material and confidentiality.