Jean Marie Priest v Deputy State Coroner

Jean Marie Priest sought judicial review of two rulings by the Deputy State Coroner. The dispute arose from an inquest into the death of a person in police custody. The Coroner had ruled on issues relating to evidence and privilege under the Coroners Act 2008. The first issue was whether the Coroner had made a jurisdictional error by failing to have regard to evidence of the deceased’s propensity to violence. The second issue was whether the Coroner had made a jurisdictional error by failing to comply with section 57(3) of the Act in relation to a privilege claim.

The court considered whether the Coroner had erred in not considering evidence of the deceased’s propensity to violence. It found that the Coroner was not bound to have regard to such evidence and that no jurisdictional error had been made. The court also examined the Coroner’s handling of a claim of privilege under section 57 of the Act. It determined that the failure to comply with section 57(3) did not invalidate the Coroner’s decision, following the principles set out in Project Blue Sky. The court concluded that there was no jurisdictional error in the Coroner’s consideration of relevant and irrelevant matters.

Having found no jurisdictional error, the court turned to the discretionary remedy of certiorari. It considered the conduct of the proceedings before the Coroner and the utility of granting the relief sought. The court decided not to exercise its discretion to grant the remedy, given these factors. As a result, the application for relief was dismissed. The court’s decision upheld the Coroner’s rulings and maintained the integrity of the inquest process.