Coronial Inquest: Kahui Twins

By now, the general public will be aware of the coronial findings issued by Coroner Garry (with two r's) Evans. After some dispute from Chris Kahui and his Lawyer in the High Court, these findings have now become publicly available, albeit with some adjustments.

Whilst many are reappraising the opinions they held about Macsyna King, others are still hellbent on asserting her guilt in the death of these boys.

John Campbell's interview received mixed reviews on various social media sites - those with open minds reflecting on their part in the demonising of Macsyna King, while others maintained their intial opinions still stand, and that she is 'guilty as hell'.

Coroner Evans has determined that there is not a scintilla of evidence to suggest that Macsyna was in any way involved in the injuries that lead to the death of her twins. As the Coroner's job is to determine all the factors contributing to unnatural and suspicious deaths, his determinations are made on all the available evidence from forensic reports, Police Statements, Expert evidence and so on. What the Coroner has revealed, is that after assessing all the information available to him is that the evidence suggests that that Chris Kahui contributed to the death of his twins.

The problem Macsyna now faces is that the many who still find her actions attributable to the boys death will continue to publicly discredit her. Its interesting that in spite of the detailed investigation into the twins deaths, by an experienced and objective adjudicator, with the full assistance of the Police who have an interest in prosecuting persons suspected of crimes,  Macsyna is destined for a life of verbal battering form the self-appointing public judiciary usually found wallowing in the  backwaters of talkback.

I'm not here proclaiming that she is a saint. I don't know Macsyna or Chris. All I am saying is that the Coroner is the best position to determine her role if any in the death of the twins. If he found her actions to be negligent on the basis of the information he had available to him, then he would have said so. My point is that there is no rational basis for continuing to defame her character in light of the information now available to the public.

The findings can be found here:
http://www.justice.govt.nz/courts/coroners-court/coroner-releases-kahui-finding

Coronial Inquest: Iraena Asher

Public opinion and in particular the media attention in response to the findings of Coroner JP Ryan in respect of the accidental death of Iraena Asher are misguided. It is the role of the Coroner to ascertain the cause of death and any contributing factors to prevent future deaths in similar circumstances and to make recommendations where deemed necessary.

This process is inquisitorial and is not about apportioning fault or blame. The 'unpopular' finding relates to the Coroner's determination that notifying emergency services may have prevented Iraena's death and this finding was directed at the couple who assisted Iraena in her distressed and vulnerable state. The finding is not suggesting that the couple were required to do more than the good deeds that they did in fact do on that night, it is simply suggesting that there is a chance that if emergency services were involved the Iraena's death may have been prevented. The point Coroner Ryan was making was for the benefit of the public, that if they find themselves in a similar situation then the best action to take is to notify emergency services rather than taking it upon yourself to provide care and assistance alone.  

Another point raised is that the Coroner ought to have given notice to the couple advising of the findings he intended to make public before actually making them publicly available. The Coroner is required to act in compliance with Coroners Act 2006 and as such it is at his discretion whether or not the findings will be made publicly available. Additionally, it is unlikely that Coroner Ryan intended for his findings to bring about the controversy that has transpired nor would he have come to his conclusions with the intention of causing any distress to the couple that he in fact commended for their actions in caring for Iraena on the night of her disappearance.

The last point I will address is the suggestion made by the media that the Coroner made these findings based on two days of hearing evidence. This is misleading. The investigation starts from the moment the death or in this case the report of the missing person is notified to the Coroner. Prior to the inquest, the Coroner undertakes a full and thorough assessment of the evidence and information provided by the various agencies, family members, friends and so on. The Coroner will then make requests for further information and will look to experts and anyone other person that the Coroner thinks may be able to assist in the inquiry. Coroner's do not turn up cold to inquests. The finding that Iraena's death was likely an accidental drowning is not just some assumption the Coroner plucked out of the air. It will be a rationally based conclusion in consideration of all the evidence he had available to him including the two days of evidence heard in the Coroners Court.