58Chief Magistrate may reopen investigation

58 Chief Magistrate may reopen investigation

[Section 58 Substituted by No. 44 of 2004, s. 20, Applied:16 Dec 2004]

(1)  The Chief Magistrate may reopen an investigation and re-examine some or all of its findings, or direct another coroner to do so, if the Chief Magistrate is satisfied that –

(a) the investigation was or may have been tainted by fraud; or

(b) the investigation was not sufficiently thorough or was compromised by evidentiary or procedural irregularity; or

(c) there are mistakes in the record of the findings; or

(d) new facts or evidence affecting the findings have come to light; or

(e) the findings were not supported by the evidence; or

(f) there is another compelling reason to reopen the investigation.

(2)  The Chief Magistrate's power under subsection (1) may be exercised on –

(a) the Chief Magistrate's own initiative; or

(b) the application of a person who the Chief Magistrate considers has a sufficient interest in the findings of the investigation.

(3)  However, the Chief Magistrate is not to exercise power under subsection (1) if an application under section 58A in respect of the investigation –

(a) is before the Supreme Court; or

(b) has been rejected by the Supreme Court and the Chief Magistrate's reasons for exercising the power would be the same or substantially the same as the grounds of that application.

(4)  A coroner who is directed to reopen an investigation under this section may, but need not be, the same coroner who conducted the investigation.

(5)  A coroner who is re-examining some or all of the findings of an investigation that has been reopened under this section may do any of the following: