LIMB NOT A BODY

Hokitika Guardian, 25 June 1935, Page 5

LIMB NOT A BODY

COURT DECISION INQUEST DECLARED VOID. (Australian Press Association.) SYDNEY, June 24. In the; .Supreme Court to-day, Mr Justice liaise Rogers made, absolute a rule sought, on 'behalf of Patrick Rfady, for a prohibition restraining the City iCqroner from ipioceeding with the inquiry into, the alleged death of James Smith. His Honour said ; “No' body identified as that of James Smith has been found, and it follows that the whole *of the body of James Smith has not been viewed by the Coroner ; but an arm has in extraordinary circumstances, been produced to him, and by certain tattoo marks, tins has been identified as the arm of James Smith. There is evidence that the arm, which was severed, from the trunk by a sharp knife, was out from a dead body, and the Coroner has sworn that he 'is satisfied that the James iSmith whose arm is was is dead.” The judgment, after referring to the opening of the inquest, continues: “The applicant for prohibition, who has 'been arrested and charged with the murder of James Smith, challenges the legality of the action of the Coroner and his challenge is based on the ground that no inquest can be held except super visum corporis, and that no corpus has been viewed as the preliminary to holding the inquiry.”

The Judge adds: “I am of opinion that there was no proper basis for an Jinquest and that • the Coroner should, not have entered upon the inrpiirv. Although this is so. Ido not think that the administration of justice will be in any way impeded -by this decision. Where an inquest cannot be held., there is still open a proneeding before -a. Magistrate, and there may he a committal and a trial.” •He cited passages from 'Hawking’s “Pleas of the Crown” mid the facts of the English case show both the strictness that-was required' from Coin Tiers as to a proper view of the body end also the irrelevance of the fact that death and identity had been established. The Judge continued : “The whole

matter reduces itself to this question : Ts an arm a body or corpus? or “bow much of a body may be called a body, and likewise the head. Conseviewed in this instance cannot be called a body. Were Ito hold otherwise, it would, follow that each leg was ® .bdy, and likewise the head- ConseVquently, if various parts were found lying within the jurisdiction of differ ent Coroners, there might be so many separate inquests. 1 am not concerned to decide whether <a trunk without the head or limbs might be called a body or corpus; but J am constrained to the opinion that any separate member cannot be so termed-”