Coroner blasts new law

Waste of resources: Cooper

Coroner Simon Cooper has come out swinging against a new law he says will overwhelm Tasmania’s inquest system – while also robustly criticising a “particularly concerning” coronial intervention last year by former AttorneyGeneral Elise Archer.

Mr Cooper’s strong words came on Monday in his published findings into the death of Huon Valley man Jari Wise, who died in 2020 after he was struck by a car driven by his onoff girlfriend Melissa Oates.

The coroner said his findings were the same as those he’d made before he was compelled by Ms Archer to hold a public inquest, criticising her actions as “particularly concerning”.

Ms Archer told the Mercury she stood by her decision.

Mr Cooper said after Mr Wise’s death, he’d reached a view “there would be no purpose served” by holding an inquest, as it would not unearth any additional information.

He said at a Supreme Court of Tasmania appeal hearing, Ms Archer’s legal team argued in support of his decision to not hold an inquest, with Justice Michael Brett ultimately upholding the coroner’s decision.

But he said Ms Archer made an “extraordinary” move fewer than three hours after the judgment was handed down – after giving “no hint” she would do so.

Mr Cooper said instead of taking time to consider the court’s decision, take legal advice and formulate “adequate reasons for exercising” her powers under the Coroners Act, Ms Archer only gave

“brief, generic reasons”.

He said other than the “concerning issue” of Ms Archer’s decision overruling Justice Brett’s decision, he noted she didn’t exercise her powers in the 10 months following the hearing, but waited until the judge had written a judgment “unnecessarily”.

Mr Cooper said this also had the effect of delaying the inquest process.

“Ultimately, the exercise of the power resulted in no positive outcome for the administration of justice by the holding of this inquest,” he said in his findings. “Further, it had the effect of publicly undermining the role of the Supreme Court.”

Ms Archer said some evidence had possibly emerged after the decision not to hold an inquest was first made.

“This was in no way a reflection on the police investigation or the coroner, but to give the deceased’s family satisfaction that every avenue available had been exhausted,” she said.

Mr Cooper has also urged the “appropriate authorities” to take steps to reverse a legislative amendment known as “Jari’s Law” - which compels a public inquest if the coroner suspects family violence may have contributed to a person’s death. The law has passed both Houses of Parliament, but is yet to be proclaimed.

Mr Cooper said this could double the number of public inquests, which would burden an “already-strained coronial system” and cause delays.

Ms Archer said she also stood by Jari’s Law - adding the state government needed to adequately resource the Coronial Division if there was an increase in workload.