Inquest law criticised as witness opts not to attend

Coroner for south Mayo John O'Dwyer has described as "unsatisfactory" the fact that there will be no change in the laws regarding…

Coroner for south Mayo John O'Dwyer has described as "unsatisfactory" the fact that there will be no change in the laws regarding the compellability of witnesses to attend inquests until a new Coroners Act is introduced in 2006, at the earliest.

Mr O'Dwyer was speaking following the failure of Ms Mineke Kamper, described as a natural health therapist, from Bunnahowna, Mulranny, to attend an inquest in Castlebar yesterday into the death of Paul Howie (49), a father of one, from Lakelawns, Ballinrobe, on April 22nd 2003.

After the inquest jury had returned a verdict of death by natural causes in keeping with the medical evidence, Mr O'Dwyer said he had been hoping that the powers of compellability for witnesses to attend inquests would be available to ensure the attendance of Ms Kamper.

The coroner explained that a summons had been issued by him in respect of Ms Kamper and that it was personally served upon her by Garda Eamon Berry of Ballinrobe Garda station.

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Mr O'Dwyer explained that under Section 37 of the Coroners Act, 1962 a person who is summonsed to, but fails to attend an inquest, is liable to a fine not exceeding €6.35.

The coroner said the present situation regarding the compellability of witnesses was "unsatisfactory" in the context of the particular inquest since the purpose of an inquest was to ascertain all the facts surrounding the death of an individual.

In this instance Ms Kamper had chosen to ignore a witness summons.

"Such contempt by her in failing to turn up frustrates the court and is insulting to the family of the deceased," the coroner stated.

Mr O'Dwyer said it was the second inquest he had conducted in which the deceased was persuaded to abandon conventional medicine and it was of great concern to him that unqualified practitioners in healthcare were not answerable to any regulatory authority.

The coroner added that while the Department of Health had introduced a new Bill, the Health and Social Care Professionals Bill, 2004, to regulate a number of health care professionals from chiropodists to radiographers, there was no regulatory authority for freelance operators in healthcare.

"The Minister for Health needs to address this matter urgently so that more lives are not needlessly lost," Mr O'Dwyer said.

He continued: "In this country, where we have laws and regulations in relation to plastic bags, smoking, health and safety in the workplace, it is difficult to comprehend how those in authority with responsibility for our health and well-being have failed to act in respect of individuals, who with little knowledge of health and medical matters, set themselves up as practitioners advising on health matters and dispensing spurious medicines without being regulated."

Mr O'Dwyer said that unregulated operators in healthcare who were unwilling to advise patients as to where they could receive necessary medical help, or who intimidated or deterred patients from seeking necessary and lifesaving treatments from qualified professional personnel, should be called to account and made answerable.

"The public should be cautioned that putting their trust in such unregulated practitioners to the exclusion of conventional medical practitioners and medicines can be dangerous and even fatal as is unfortunately the case in this instance," the coroner said.