July 9, 2009 Thursday
Updated

July 9, 2009
Shift in coroner probes
By K C Vijayan
The shift to focus the Coroner's inquiries to finding out how, where and why a death occurred will align the coroner's role here with the practice in other countries. -- ST PHOTO: FRANCIS ONG

CORONER probes will solely focus on fact-finding instead of fault-finding under new guidelines proposed by the Law Ministry.

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Currently, such inquiries not only look into the facts and circumstances behind a death, but also seek to pursue if any person is criminally responsible for the death.

The discretion to investigate criminal liability where there is any wrong-doing will lie with the Public Prosecutor in the proposed Coroners Act 2009.

A coroner's inquiry is held when a death is due to unnatural causes or if a person dies when he is in official custody, or in the case of a convicted offender, sentenced to capital punishment and executed under the law. In other cases, the coroner may hold an inquiry where he deems it is in the public interest to do so.

The shift to focus the Coroner's inquiries to finding out how, where and why a death occurred will align the coroner's role here with the practice in other countries like Australia, New Zealand and the United Kingdom.

The Law Ministry is seeking public feedback on the new Bill titled 'Coroners Act 2009', which covers the reporting and investigation of deaths as well as Coroners inquiries.

The proposed Act will also facilitate more effective investigation into deaths where medical treatment or care is the suspected cause.

Among other things, health-care practitioners are required to preserve records of deaths that occur in hospitals and clinics and are also required to report deaths that occur in certain circumstances.

The draft Bill will define the Coroner's jurisdiction and extend it in certain specific cases. Under the draft Bill, he may appoint two assessors from a panel to help him in the inquiry and can also direct a forensic pathologist to investigate deaths that occurred from medical treatment.

Law Minister K Shanmugam said the new Bill "will update and strengthen our system of death reporting, investigation and Coroners Inquiries. By clarifying the role of the Coroner, he will be better positioned to serve the public interest.'

The public consultation period is from July 10 to Aug 7.

The consultation paper and draft Coroners Bill can be viewed at www.minlaw.gov.sg and http://app.reach.gov.sg/olcp/asp/ocp/ocp01d1.asp?id=4944.

Interested parties can send their views and feedback in electronic or hard copy form to:

Legal Policy Division
Ministry of Law
100 High Street
#08-02, The Treasury
Singapore 179434
Fax: 6332 8842
Tel :63324594
E-mail: MLAW_Consultation@mlaw.gov.sg

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