Coroner Shane Madden has warned explosives expert Rob McCracken that he should ensure that he is legally represented when the inquest into the death of Katie Bender resumes its preliminary hearings in December. He also has given only conditional approval for one lawyer to represent everyone connected with the ACT Government. He seems to want a separate lawyer for each element of the ACT Government (bureaucracy, politicians and corporations) just in case there is a conflict of interest.
It seems an unnecessary expansion of the role of lawyers and perhaps the role of the coroner. The coroner has no power to convict anyone of an offence or order anyone to pay compensation. The coroner is there to determine the how, when, where and cause of death. Having done that it is up to the courts to try cases for criminal or civil liability. The coroner may charge someone with an indictable offence, but it is still up to a court to try the case. And evidence given during the coronial inquest cannot be used at subsequent trial. The coroner has very wide powers to summon and examine witnesses and does not have to follow the usual rules of evidence and procedure.
In other words the aim of a coronial inquest is to quickly establish the cause of death (or the cause of a fire) in order to allay public concern. Speed is important. Because speed is important the coroner can cut corners and be an inquisitor with wide powers to get to the bottom of things quickly and can employ the assistance of legal counsel to help examine witnesses. But to protect people’s rights, the corollary is that the coroner with all those powers cannot decide people’s rights.
The coroner is in danger of compromising his main public function — the speedy allay of public concern — if he suggests or insists upon a large array of lawyers representing every party and cross-examining every witness.
There has been too much delay already. The main hearing will not start until March, after the ACT election.
Mr McCracken and others should not have to go to the trouble and expense of legal representation for a coroner’s inquest. They should attend and answer the questions. The coroner should get on with it.
If anyone is charged or sued for compensation later, obviously they will need proper legal representation. Until then no-one’s rights are compromised, except the public’s who have now waited four months with no answers.