HM Coroner County Durham and Darlington
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE STEWART
- HIS HONOUR JUDGE PETER THORNTON QC
Areas of Law
- Administrative Law
- Criminal Law and Procedure
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
This case involves an application by Mr. Andrew Tweddle, Senior Coroner, to quash an inquisition into Graham Kelvin Emmerson's death. The initial inquest concluded that Emmerson took his own life due to paracetamol toxicity. However, fresh information suggested alternative interpretations regarding his cause of death, leading to a decision to conduct a new inquest in the interests of justice.
J U D G M E N T
HIS HONOUR JUDGE PETER THORNTON: This application is made by Mr Andrew Tweddle (Senior Coroner for the Coroner area of County Durham Darlington) with the fiat of the Attorney-General dated 11th March 2014.
The Coroner applies for an order to quash the inquisition into the death of Graham Kelvin Emmerson (the deceased) taken on 10th September 2013 and for an order that a fresh inquest be held. At the inquest the Coroner concluded that the deceased "intentionally took his own life" and issued a Record of Inquest to that effect. The Record showed that the deceased died on 1st January 2013 at home at 14 Collingsway, Darlington, County Durham, on his 47th birthday. The medical cause of death was found to be latent paracetamol toxicity.
The Coroner's conclusion was based in essence on the following evidence: paracetamol found in Mr Emmerson's blood and urine and letters found in his bedroom shortly after his death, indicating suicidal intention and the reason for it, the break-up of a relationship. Furthermore he had previously attempted suicide in September 2012.
Since the date of the inquest the family of the deceased has provided fresh information to the Coroner which may cast doubt on the Coroner's conclusion that the deceased intended on this fatal occasion to take his own life. That information includes five strands. First, the latent toxicity of the paracetamol may have derived from some earlier occasion of rather uncertain date. The toxicology report from Roar Forensics Limited, dated 20th March 2013, which was adopted and relied upon by the pathologist, Dr C Patel in his report dated 5th April 2013, referred to the later finding of paracetamol in the deceased's blood and urine in this way:
"The presence of paracetamol in the post-mortem blood sample demonstrates that an excessive amount of this drug was not taken in the hours immediately prior to death. However, an excessive amount taken several hours or days prior to death cannot be completely excluded from the findings."
No trace of paracetamol was found in the flat where the deceased died.
Second, it is now believed that the letters indicating suicidal intent which the Coroner relied upon are more likely to have dated back to the event in September 2012 when the deceased had suffered a break-up of a relationship (not with his wife). Third, the deceased passed an HGV driving test on 28th December 2012 and was looking forward to starting a new job. Fourth, on 30th December 2012 t