Veitch v The State Coroner

[2008] WASC 187

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   VEITCH -v- THE STATE CORONER [2008] WASC 187

CORAM:   BEECH J

HEARD:   1 AUGUST 2008

DELIVERED          :   3 SEPTEMBER 2008

FILE NO/S:   CIV 1563 of 2007

BETWEEN:   JULIA VEITCH

Plaintiff

AND

THE STATE CORONER
Defendant

Catchwords:

Coroners - Coroner declined to hold an inquest - Application that an inquest be held - Whether necessary or desirable in the interests of justice - Whether any possibility of a different verdict - Turns on own facts

Legislation:

Coroners Act 1996 (WA) s 24

Result:

Application dismissed

Category:    B

Representation:

Counsel:

Plaintiff:     In person

Defendant:     Mr B P King

Solicitors:

Plaintiff:     In person

Defendant:     State Solicitor for Western Australia

Case(s) referred to in judgment(s):

Attorney General v McCann (Unreported, FCt SCt of WA Library No 940816, 11 April 1994)

Bhattacharya v Hamilton [2000] NSWSC 102

Channel Seven Perth Pty Ltd v S [2007] WASCA 122; (2007) 34 WAR 325

Herron v Attorney‑General for New South Wales (1987) 8 NSWLR 601

In re Rapier [1988] QB 26

O'Sullivan v Farrer (1989) 168 CLR 210

Re Inquest Into The Death Of Romauld Todd Zak; Ex parte Zak [2006] WASC 186

Re Minister for Resources; Ex parte Cazaly Iron Ore Pty Ltd [2007] WASCA 175; (2007) 34 WAR 403

Re Zapelli; Attorney General for the State of Western Australia [2000] WASC 183

BEECH J: 

Summary

1. The plaintiff applies for an order requiring the State Coroner to conduct an inquest into the death of  Mr Derek Stenhouse.

2. An order in favour of the plaintiff can be made if and only if I am satisfied that it is necessary or desirable in the interests of justice that an inquest be held.  For the reasons which follow, I am not satisfied that it is necessary or desirable in the interests of justice that an inquest be held.  Accordingly, the plaintiff's application fails.

3. I will begin by setting out the background facts which give rise to this application.  Next, I summarise the evidence and submissions relied on by the plaintiff.  Finally, I explain why I am not satisfied that it is necessary or desirable in the interests of justice that an inquest be held into Mr Stenhouse's death.  An important element of that conclusion is that I am not satisfied that there is any real possibility that, if an inquest were held, the result would be different from the findings made by the Coroner in 1995 when he inquired into Mr Stenhouse's death.

Introduction

1. On 4 September 1994 Mr Derek Stenhouse died in a car accident.  The plaintiff and a friend, Mr Graham Jones, were passengers in the plaintiff's car which was being driven by Mr Stenhouse.

2. The then Coroner, Mr D A McCann SM, inquired into the death of Mr Stenhouse.

3. On 17 February 1995 the Coroner published his findings on the inquiry.  These findings may be summarised as follows.  Mr Stenhouse died on 4 September 1994 at South‑West Highway, in the Shire of Murray, at…