30/11/2019
Giving Evidence • Properly interested persons include: – the family and next‐of‐kin of the deceased; – personal representatives of the deceased;
Giving Evidence • Properly interested persons may not call evidence • But they may question witnesses on matters relevant to the death • This has led some nurses and midwives to experience sustained and difficult questioning • Especially where there is a conflict of fact, or where a family are trying to establish that the death was associated with some want of care
– representatives of a board or authority in whose care the deceased was at the time of death e.g. hospital, prison or other institution; – those who may have caused death in some way e.g. driver of a motor vehicle; – representatives of insurance companies; – (Where death resulted from an incident at work) ‐ • representatives of trade unions; • employer of the deceased;
• inspector of the Health and Safety Authority – others at the discretion of the coroner.
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Preparation for the Inquest • Preparation is crucial and is essentially divided into two categories – Personal preparation – Appropriate engagement with your representative
Personal Preparation
• Read all the notes carefully; • Ensure you have a chronological account of what occurred, when it occurred, why it occurred, who was there, and what happened afterwards; • Remember look at the person asking questions, then direct your answer to the coroner; • Do not engage in any argument with the person asking questions, ask for a break if necessary and try to remain calm; • Tell the truth and remain focused on what occurred
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Preparation with a Representative • Your employer is obliged to provide you with a competent and impartial legal representative at the inquest; • You must have time to consult with your representative before the inquest, and you must seek their advice before making any written submission; • Ask your representative if there is any conflict between you and anyone else they are representing (your colleagues or the employer), if there is, seek another representative from your employer; • Ask your representative for advice on the type of questions you will face, and how to best deal with the process; • Ask your representative are they sure they can legally represent your best interests at the inquest
INMO Assistance • If you encounter any difficulties with accessing a representative from your employer, or with the conduct of the representative, please contact your INMO Official immediately, who will in turn seek an alternative representative from your employer
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