The Justice Mirage by Rob Moodie

Author:Rob Moodie
Language: eng
Format: epub
Publisher: Austin Macauley Publishers
Published: 2022-09-30T00:00:00+00:00

“[188] In my view, in light of the conclusions previously reached by the High Court and the Solicitor-General and which are in the public domain, public confidence in the operation of the courts is weakened if the Coroner’s findings remain untouched. Justice must be seen to be done.”

After noting at paragraph 14 of her decision that ‘it is now known why the bridge collapsed and what errors were made’, Justice Mallon quashed all of the findings of the Coroner that absolved the Army from responsibility for faults in the design or construction of the bridge. She also quashed those adverse comments of the Coroner that placed the whole of the blame for the collapse of the bridge on the Berryman’s. Disappointingly, she was not prepared to hold that the Coroner’s adverse comment about inadequate maintenance by Keith and Margaret Berryman were unsafe because there had been evidence before the Coroner that there was no maintenance programme in place. This was disappointing because whether this was true or not, once Her Honour quashed the Coroner’s findings absolving the Army from responsibility, in the context of any inquiry into the cause of the bridge collapse that caused Kenneth John Richards’ death, the Berrymans were surely entitled to a proper hearing that included expert engineering evidence showing exactly why the bridge had collapsed.

When quashing the Coroner’s findings that had the effect of absolving the Army for any responsibility for the collapse of the bridge, Her Honour ignored the Defence evidence of Engineer John Smith and continued –

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