Death Inquiries

the purpose of an inquest

official inquiry into a sudden/ unnatural/ violent death

• s328 - a fact-finding hearing to determine the cause of death, not who to blame

• the outcome will guide the PP in deciding whether there was foul play and whether any person is criminally concerned in the cause of death thus need to be charged

There will be no conviction or sentence at the end of the inquiry

Matters to be ascertained in an inquest & Function of Mag

• s337 CPC

• PD 2/2019

  • identity of the deceased

  • cause of death

  • where and when the death occurred

  • particulars needed to register his death

  • the person who carried out the act or omission causing the death if such evidence is available

the role of prosecuting officer and defense counsel in a death inquiry

pros - to assist the court in examining witnesses for the purpose of giving evidence

defense - to guard the interest of the person who engaged him (often family members or next of kin of the deceased)

Procedure leading to a death inquiry

• police receive info regarding a person’s death and the death falls within the ambit of s329(1)(a)-(e)

• PO transmit info to OCPD - OCPD will go to the location where the body is found - investigation - draw up a report of the apparent cause of death - s329(2)

• s329(4) - report shall be signed by the PO who prepared the report

• s329(5) - OCPD will immediately forward the report to Mag within the local limits

If OCPD finds that there’s a reason to suspect the death is caused by human factor

• s330 - shall inform the nearest Gov Medical Officer (GMO) and send the body to the nearest Gov Hospital for post-mortem

• s332(1) - GMO will examine the body and draw up a report certifying the cause of death and transmit it to the OCPD

• s329 - OCPD will attach this report together with his investigation report and forward to Mag

• Mag will decide whether to hold a death inquiry

• s333 - if Mag is satisfied with the cause of death without holding a death inquiry - Mag will report the cause of death to PP and transmit all reports and evidence

If Mag decided to hold an inquest - s333(2)

PD 2 /2019 - Mag shall arrange to notify family members/ next of kin of the deceased with regards to the time and place of the inquest. A minimum 2 weeks notice prior to the holding of the inquiry shall be given

Is anyone other than the Mag entitled to examine the witnesses?

• Mag act as the Coroner - has power to examine the witness - followed by others who have the right to participate in the inquest

• Coroner has discretion to decide who are the interested persons who are entitled to examination of witness

• parents, spouse, children

Does s51A apply to inquest proceedings?

• s51A on disclosure of documents as pre-trial discovery only applies to criminal trials

• [Zaidi v PP] -a death inquest is not a trial

• [PP v Raymond Chia] - right of any person to inspect public documents is subject to court’s discretion - post -mortem report is a public doc

• PD 2/2019 - Mag has discretion as to discovery of documents - this discretion shall be exercised in favor of allowing discovery of documents

duty of Mag after has come to a finding

• provide a verdict (see below)

• s338(1) - records evidence and his finding - transmit to PP immediately the verdict he arrived at

• s339(2) - PP may direct Mag to hold an inquiry or reopen inquiry if necessary - (4) - Mag shall comply without delay provided no finding of murder or culpable homicide not amounting to murder has been proceeded against any person

Types of verdict a Coroner is empowered to deliver

• an open verdict - insufficient evidence to satisfy any other conclusion - especially where there is suspicion of foul play but lack of probative prove

• [Re Loh Kah Kheng] - it is the duty of the Coroner to satisfy himself on whether there is sufficient evidence to assist him in ascertaining the cause of death of the deceased

• verdict of misadventure

• homicide

• natural death

• suicide

• Para H of PD 2/2019 - no verdict shall be framed in such a way to appear to determine any question of criminal liability or civil liability on the part of a named person

• little guidance on the standard of proof of the coroner’s finding

circumstances when a full inquiry of death NEED NOT be held

• when the cause of death is known - eg: the report of the GMO and the OCPD clearly indicates the cause of death

• s334 - death inquiry is mandatory when the deceased dies while in the custody of police

• when the case doesn’t fall under s329(1)(a)-(e)

• s333(3) - there has already been a police investigation resulting in someone being charged or a criminal proceeding have been instituted - in which the question of whether the A caused the death may be in issue

• If the Mag is informed before the inquest started that criminal proceedings will be brought against any person - Mag shall not start the inquest until after the end of the criminal proceedings

• s334 - when court finds that the death occurred in psychiatric hospital or prison and it is not expedient to hold an inquiry