New $100 Million Coroner’s Court for NSW

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NSW is set to welcome a brand new Coroner’s Court, with Attorney General Gabrielle Upton announcing a $100 million package earlier this week.

The package will see the NSW Coroner’s Court, which has been located in Glebe since 1970, relocated to Lidcombe in Sydney’s west.

NSW Health Pathology’s forensic medicine unit will also be shifted to the site – which previously housed the old Lidcombe Hospital – to create ‘Australia’s leading forensic and coronial precinct.’

The new state of the art complex will boast four courtrooms – compared to the current two – as well as a number of DNA and forensic laboratories, and a brand-new morgue to cope with an overflow of bodies.

The courts will be equipped with AVL facilities to allow witnesses and relatives to give evidence remotely, sparing them the emotional stress of appearing inside the courtroom.

What is the Coroner’s Court?

The Coroner’s Court is a specialist body which investigates suspicious deaths, explosions and fires.

Criminal cases and coronial inquests often become intertwined, as the Coroner is responsible for identifying the cause/s of explosions, fires or deaths. Where a serious crime is uncovered, the Coroner must refer the matter to the DPP to decide whether criminal proceedings should be commenced.

While the Coroner conducts many investigations, not all turn into inquests. Coronial inquests are public hearings which investigate the circumstances surrounding a person’s death, or a fire or explosion. Unlike other NSW court cases, the Coroner’s Court has an inquisitorial function – whereby the Coroner may investigate matters, issue subpoenas for evidence, summon witnesses and ask them questions. Coroners also have power to:

  • Arrest;
  • Enter any place to gather evidence (similar to the power of police officers to search places with a warrant);
  • Retain possession of a person whose death is reported to them;
  • Prevent the publication of certain evidence;
  • Authorise or direct post mortem examinations;
  • Order that a person’s organs be retained where they are required for an investigation or inquest; and
  • Order the exhumation of a body for the purpose of a post mortem examination.

At the conclusion of an inquest, the Coroner has power to make recommendations to the Department of Attorney General and Justice in order to improve public health and safety – but he or she has no power to enforce those recommendations.

Coroners are elected from Local Court magistrates and are appointed by the Governor General. The Court is presided over by the State Coroner (presently Michael Barnes), who is assisted by a Deputy State Coroner and Assistant Coroners.

Famous Coroner’s Court Cases

The Coroner’s Court has investigated many high profile cases over the years, some of which have become newsworthy.

The Court is currently hearing an inquest into the Lindt café siege, examining the circumstances surrounding the deaths of Katrina Dawson, Tori Johnson and Man Haron Monis.

Last year, the inquest found that Ms Dawson was killed by fragments of police bullets, while Mr Johnson was shot in the back of the head by Monis.

Monis himself was shot dead by police when they stormed the café at around 2.40am on the 16th of December 2014.

The inquest had previously heard evidence from a number of academic experts who were divided about whether Monis could be considered a ‘terrorist,’ or whether he was a mentally ill, ‘lone wolf’ killer – with the consensus being that he was the latter.

And last year, the Coroner’s Court investigated the deaths of the Hunt family, who were found dead at their property in Lockhart.

State Coroner Michael Barnes found that Mr Hunt, who had suffered from depression after his wife was seriously injured in a car accident, acted on impulse in shooting his young family dead, before turning the gun on himself in a tragic murder-suicide.

Also last year, the Court announced that it would conduct an inquest into the death of Australian Test cricketer Phillip Hughes, who tragically died after being hit in the back of the head with a cricket ball during a match at the SCG in November 2014.

All players who were present at the time of the incident will likely give evidence – including the man who bowled the ill-fated ball, Sean Abbott. Cricket Australia hopes the inquest will help improve on-field safety.

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About Ugur Nedim

Ugur Nedim is an Accredited Specialist Criminal Lawyer and Principal at Sydney Criminal Lawyers®, Sydney’s Leading Firm of Criminal & Traffic Defence Lawyers.

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