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SECOND INQUEST

NO LEGAL PRECEDENT CORONER FACES PROBLEM

“Exceptional circumstances have attended the holding of this inquest,” stated the coroner, Mr L. S. Paterson, S.M., in giving his verdict at the conclusion of an inquest into the death of Hilda Agnes Greenhill, who disappeared from her home at Cambridge on August 7, 1935. At the time of deceased’s disappearance, said Mr Paterson, it was thought she had been drowned in the Waikato River. However, the body was not recovered, and some months later an application was made to the AttorneyGeneral, who directed that an inquest should be held. On December 27, 1936, approximately 18 months after her disappearance, the body of Miss Greenhill was recovered from the river. A position then arose for which there was no legal precedent, he continued. There was no legislation in England or any of the British Dominions to correspond with section 3 of the Coroners Amendment Act, under which the first inquest had been held. There was, therefore, no precedent to guide the coroner as to whether he should re-open an inquest already held or hold a new one. First Inquest Conditional Once an inquest had been held, continued Mr Paterson, the coroner had. strictly speaking, no authority to hold another. Nor in the present case could it be claimed that the second inquest was being held on the same body, as there was no body at the first inquest. But the body had been found in circumstances that demanded an inquest, and an inquest was also needed to establish identity. In the present case, although the first inquest was not void, it might be held to be conditional. After quoting cases which indicated the coroner’s duty to hold an inquest where a body was found under circumstances which necessitated an inquiry Mr Paterson said he had proceeded to hold an inquest on the body found in the river. Some evidence was heard and the ihquest was then adjourned, the proceedings being reported to the Attorney-General. The coroner’s own observations on th: circumstances had been confirmed, the result being that it was not necessary to apply under the Coroners Amendment Act to have the matter investigated in the Supreme Court. He accordingly was at liberty to find a verdict.

The Final Verdict The verdict was that the body found in the Waikato River on December 27. 1936. was that of Hilda Agnes Greenhill, concerning whom an inquest had been previously held at the direction of the Attorney-General in virtue of section 3 of the Coroners Amendment Act. Evidence that he had identified the body by the teeth and clothing was given by Thomas Appleby, farmer, of Fencourt, Cambridge, a nephew of the deceased. William Hull gave evidence regarding the finding of the body at the Rangiriri bridge. Sergeant T. Kelly conducted proceedings for the police.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/THD19370304.2.18

Bibliographic details

Timaru Herald, Volume CXLIII, Issue 20667, 4 March 1937, Page 4

Word Count
471

SECOND INQUEST Timaru Herald, Volume CXLIII, Issue 20667, 4 March 1937, Page 4

SECOND INQUEST Timaru Herald, Volume CXLIII, Issue 20667, 4 March 1937, Page 4