Introduction
The Russell family lawyer says that April's ruling by the Supreme Court paved the way for other families to be able to have their inquests held at an earlier date. The family is looking forward to getting on with things and showing that they did not commit murder.
The Russell family lawyer says that April's ruling by the Supreme Court paved the way for other families to be able to have their inquests held at an earlier date. The family is looking forward to getting on with things and showing that they did not commit murder.
After the landmark ruling of the inquest verdict on the death of a young man in custody, family lawyers are offering some tips to help families react after a loss like this.
Have there been other recent cases?
The Russell family lawyer, James Mackintosh, said: "It's very encouraging to see the coroner presiding over inquests in this way. I think it is a step forward."
He said: "The Russell family were very pleased with the decision but they are also very concerned about what might happen next."
The inquest verdict is a finding of fact by the coroner and does not mean that the deceased died from a specific cause.
The inquest is an important part of an investigation into the cause of death. It allows the coroner to determine whether there are any suspicious circumstances surrounding the death, including whether it occurred as a result of unlawful activity or negligence.
There have been other recent cases involving inquests that have been overturned due to concerns over evidence presented by coroners.
What is an inquest?
An inquest is a formal inquiry into the cause of death. It is usually conducted by a coroner who is appointed by the government. In some countries, such as the UK and Canada, inquests are held in public and there is no right to privacy or anonymity for witnesses or victims.
Inquests are often held when there is suspicion that someone has been killed unlawfully. This may be because of an accident, suicide, or poisoning but also can include cases where people die while in police custody or while serving life sentences in prison.
Police officers who carry out investigations into deaths may also call an inquest if they suspect foul play was involved in their death.
What is the difference between a criminal case and an inquest?
A criminal case is filed with the court, where evidence is presented and witnesses are called to testify. The defendant may be found guilty or not guilty, depending on the evidence presented. If a person is found guilty in a criminal court, he or she will be sentenced by a judge.
An inquest is different from a criminal trial because there is no jury present at an inquest. Instead, one or more members of various committees (called Coroners) investigate deaths that have occurred in a particular area and make recommendations to the coroner’s office about what action should be taken based on their findings. The coroner then decides whether to hold an inquest or not.
When a person dies, their family must be informed as soon as possible, usually by the Police. If there is any doubt about how they died (for example if they were murdered) then an inquest will be held to find out what happened.
Can the process be improved?
Most people would agree that the inquest process is an important part of this process. The inquest is the official way of finding out what happened to your loved one when they died, and whether there was anything more that could have been done. It's also a chance for you as a family member to speak about your experiences with the coroner and other bereaved people at the hearing so that everyone can understand what it's like for them when they lose someone close.
But many people don't realize how important the inquest is until something like this happens:
· A landmark ruling means inquests can be held outside London (and only then)
· This may seem like a small thing, but it's actually a big deal! Until now, inquests were only held in London because nobody else wanted them - but now there will no longer be any restrictions on where inquests are held. This particular case involved a popular TV celebrity who died by suicide after suffering from depression for many years.
The Russells say the inquest system failed their children.
The Russell family lawyer, Bill Manouchehri, said the inquest system had failed the children and their families.
"It's a tragedy that we're still here talking about it," he said. "The inquest system failed these children."
Mr. Manouchehri said the coroner's findings were "skewed" because the bodies of the two girls had not been found and the third girl was never found.
He said there were many unanswered questions about what happened to the three girls, who went missing between December 2015 and June 2016.
The Coroner's Court in Ballina has heard from more than 400 people who gave evidence during its inquest into what happened to Madeleine McCann and her siblings Amelie and twins Sean and Amelie.
How do you think families see inquests at the moment?
There is a lot of confusion about how families see inquests at the moment.
The Russell family lawyer, who has been advising them, has said they will be considering their options.
They may continue to fight the inquest into the death of their son. They could also choose to accept it and then seek further information or make further submissions.
The coroner would be bound by law to hold an inquest. The result may depend on whether the Coroner rules that there was no reasonable alternative to the actions that caused Russell's death and those actions were not a significant factor in causing his death (i.e., negligence).
Are inquests generally fair?
The family lawyer of the family of the late David Russell has said that inquests are generally fair. He also said that they are not a “perfect system”, but they are still better than no system at all.
The comments came after a landmark ruling by the Court of Appeal which ruled that inquests should not be used to determine liability for deaths in car accidents. The ruling was made on the basis that it was unfair for an inquest to determine whether someone was negligent or not, as this would inevitably result in an outcome that favored one party over another.
The ruling means that coroners will only use inquests when there is no other option available to them such as in criminal proceedings or civil cases. In other words, if someone dies and there is no other way of finding out what happened then an inquest will be used to determine whether there was any negligence involved in their death.
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