A coroner who is not bound by the rules of evidence is obliged to take an expansive or inclusive approach to evidence gathering, and the duty of procedural fairness does not require exclusion of relevant evidence merely because it has deficiencies that would affect its admissibility under the rules of evidence. The appropriate remedy is cross-examination and submissions on weight. An application for prohibition in respect of a coroner's evidence-gathering is premature where the coroner has not been asked to take a particular step and has not refused to do so.
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