HM Coroner County Durham and Darlington [2014] EWHC 3688 (Admin)

Case No CO/1280/2014[2014] EWHC 3688 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
The Courthouse
1 Oxford Row
Venue LeedsDate Friday, 6th October 2014
West Yorkshire
LS1 3BG
B e f o r e:
MR JUSTICE STEWART
HIS HONOUR JUDGE PETER THORNTON QC
CHIEF CORONER
(Sitting as a Judge of the High Court)
RE: HM CORONER COUNTY DURHAM AND DARLINGTONApplicant
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Between
RE: HM CORONER COUNTY DURHAM AND DARLINGTONApplicantMr Karim appeared for Claimant
J U D G M E N T
[1]HIS HONOUR JUDGE PETER THORNTON: This application is made by Mr Andrew Tweddle (Senior Coroner for the Coroner area of County Durham Darlington) with the fiat of the Attorney-General dated 11th March 2014.[2]The Coroner applies for an order to quash the inquisition into the death of Graham Kelvin Emmerson (the deceased) taken on 10th September 2013 and for an order that a fresh inquest be held. At the inquest the Coroner concluded that the deceased "intentionally took his own life" and issued a Record of Inquest to that effect. The Record showed that the deceased died on 1st January 2013 at home at 14 Collingsway, Darlington, County Durham, on his 47th birthday. The medical cause of death was found to be latent paracetamol toxicity.[3]The Coroner's conclusion was based in essence on the following evidence: paracetamol found in Mr Emmerson's blood and urine and letters found in his bedroom shortly after his death, indicating suicidal intention and the reason for it, the break-up of a relationship. Furthermore he had previously attempted suicide in September 2012.[4]Since the date of the inquest the family of the deceased has provided fresh information to the Coroner which may cast doubt on the Coroner's conclusion that the deceased intended on this fatal occasion to take his own life. That information includes five strands. First, the latent toxicity of the paracetamol may have derived from some earlier occasion of rather uncertain date. The toxicology report from Roar Forensics Limited, dated 20th March 2013, which was adopted and relied upon by the pathologist, Dr C Patel in his report dated 5th April 2013, referred to the later finding of paracetamol in the deceased's blood and urine in this way:
"The presence of paracetamol in the post-mortem blood sample demonstrates that an excessive amount of this drug was not taken in the hours immediately prior to death. However, an excessive amount taken several hours or days prior to death cannot be completely excluded from the findings."
No trace of paracetamol was found in the flat where the deceased died.[5]Second, it is now believed that the letters indicating suicidal intent which the Coroner relied upon are more likely to have dated back to the event in September 2012 when the deceased had suffered a break-up of a relationship (not with his wife). Third, the deceased passed an HGV driving test on 28th December 2012 and was looking forward to starting a new job. Fourth, on 30th December 2012 the deceased was suffering from symptoms of cold and flu and may have been taking medication which increased his levels of paracetamol. Fifth, shortly before the deceased's death there was no sign that his mood was unusually low. Despite his illness he made arrangements on 31st December 2012 with his estranged wife to collect his daughter on the day of his birthday, 1st January 2013, in order to take her to his birthday tea party at a friend's house. He had also spent time with his daughter on 26th December 2012. He had had a haircut on 31st December. Texts and Facebook messages now available show nothing out of the ordinary.[6]This information and evidence was provided to the Coroner in a letter dated 18th October 2013 by Mrs Melanie Emmerson, the deceased's estranged wife. The Coroner responded to Mrs Emmerson's letter on 21st October 2013 and stated:
"I do believe that if all this information had been available to me at the time of the inquest hearing taking place, it is likely that an alternative verdict would have been returned."
It is for these reasons that he makes this application.[7]We are satisfied that as a result of the new facts and evidence that it is necessary and desirable in the interests of justice, under section 13(1) of the Coroners Act 1988, as amended, that another inquest should be held. Accordingly, under section 13(2) we quash the inquisition taken on 10th September 2013 and order a fresh investigation, including inquest, to be held into the death by the Senior Coroner. For these reasons the application is granted. We hope that the fresh inquest can be heard as soon as is reasonably practicable.[8]MR JUSTICE STEWART: We make this order on hearing counsel on behalf of the applicant. It is ordered that the inquisition taken on 10th September 2013 be quashed and a fresh investigation including inquest be held into the death by the Senior Coroner.[9]MR KARIM: My Lords I am grateful. Would your Lordships like me to draw up the order?[10]MR JUSTICE STEWART: Yes please. Send it to the clerk and I will check it because I shall be here.[11]MR KARIM: Thank you my Lord.