CORONER’S POWERS

Poverty Bay Herald, Volume LXIII, Issue 19126, 22 September 1936, Page 6

CORONER’S POWERS

LEGISLATION LIKELY “SHARK ARM” CASE SYDNEY, Sept. 7. It is expected that the State Government will introduce legislation next session of Parliament to amend the Coroners’ Act to enable an inquest to be hold on any part of the. human body. This decision was prompted by the judgment of Mr. Justice liaise Rogers in June last year, in what became known as “the shark arm’’ case. His Honour held that no separate member of the human body could ho termed “a body”- for tho purpose of an inquest, lie then restrained the city coroner, Mr. Oram, front proceeding with the inquest into the alleged death of James Smith, on tho ground that no proper basis existed for ait inquest. His order was made on the application of Patrick Brady, who had been charged with the murder of Smith. Tn his judgment, His Honour pointed ont, that the history of coroners’ inquests showed that the. view of a, body had always been essential to the holding of an inquest. No body identified as that of James Smith had been found, and it followed, His Honour held, that the whole body of James Smith had not been viewed by the coroner ; but an arm which had been found in extraordinary cireum* stances had been produced to him.

Bv certain tattoo marks it had boon identified as the arm of Smith, and there had been evidence that the arm had been severed from the trunk by a sharp knife, or cut from a- dead body. The coroner had sworn that he was satisfied that James Smith, whose arm it was, was dead.