New inquests and re‑opening of inquests
52 New inquests and re‑opening of inquests
Any person may apply to the Supreme Court for an order that some or all of the findings of an inquest are void.
The Supreme Court may declare that some or all of the findings of the inquest are void and may order the State Coroner —
to hold a new inquest, or direct any coroner, other than the coroner who held the first inquest, to hold a new inquest; or
to re‑open (or direct another coroner to re‑open) the inquest and re‑examine any finding.
The Supreme Court may only make an order if it is satisfied that —
it is necessary or desirable because of fraud, consideration of evidence, failure to consider evidence, irregularity of proceedings or insufficiency of inquiry; or
there is a mistake in the record of the findings; or
it is desirable because of new facts or evidence; or
the findings are against the evidence or the weight of the evidence.
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