Self- defence was justification for killings
self- defence … is a decision for a jury. But in some cases where the evidence of self- defence is overwhelming, then the matter may be referred to the coroner to make inquiries and sometimes they may hold a public hearing,” he said.
Coroners are simply magistrates who specialise in investigating deaths.
The current coroner for the Northern Region, which extends from Cairns to Bowen, is Nerida Wilson.
Mr Potts said the process could take anywhere between six months and several years, although he expected the Alva Beach case would be “given significant priority”.
The process now, he said, would be for police to prepare a full brief of evidence for the coroner, who could then ask for more information, such as post mortem examination results and blood tests.
The coroner can choose to either hold a public inquest or deliver the judgment “on the papers” without taking the matter to court.
“The coroner’s duty is to determine the name, date, time, place and cause of death,” Mr Potts said.
“Secondly, if the coroner believes after hearing evidence that any person may have committed a crime, then they can refer the matter to the Office of the Director of Public Prosecutions so they can determine if a person should be charged and placed on trial in Supreme Court.”
Coroners, in certain cases, especially in workplace deaths, can make recommendations to prevent similar tragedies.
“If you’re in your own home going about your own business and people attack you, you’re well entitled to defend yourself,” Mr Potts said.
“You don’t need to wait around and get killed yourself.
“Having said that, two people are dead, and no matter what they were doing and what their intentions were, it is a tragedy.”