58ASupreme Court may order inquest findings void, &c.

58A Supreme Court may order inquest findings void, &c.

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

(1)  Any person may apply to the Supreme Court for an order that all or any of the findings of an inquest are void.

(2)  Subsection (1) has effect even if the Chief Magistrate has refused an application by any person to reopen the inquest under section 58 .

(3)  On an application under subsection (1) , the Supreme Court may make the order applied for if the court is satisfied that –

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

(b) the inquest 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 inquest.

(4)  If the Supreme Court orders that all or any of the findings of the inquest are void, it is to further order the Chief Magistrate to –

(a) reopen the inquest and re-examine any of its findings or hold a new inquest; or

(b) direct another coroner to reopen the inquest and re-examine any of its findings or hold a new inquest.

(5)  If subsection (4)(b) applies, the Supreme Court may require that the other coroner not be the same coroner who held the first inquest.

(6)  An applicant under subsection (1) may adduce any evidence, or raise any grounds, whether or not the evidence or grounds have been adduced or raised before the Chief Magistrate on an application under section 58 .