Coroner reject accusation of bias and refuses to recuse himself from inquest
Nine-year-old Raychel Ferguson died a day after an appendix operation at Altnagelvin Hospital in 2001
Last updated 9th May 2023
A coroner said he "utterly rejects" an allegation he is biased against the family of a young girl as he presides over an inquest into her death.
Joe McCrisken said he will not recuse himself from the proceedings, saying he is determined to hold a "full, fair and fearless" inquest into Raychel Ferguson's death.
The nine-year-old from Coshquin, Co Londonderry, died a day after an appendix operation at Altnagelvin Hospital in 2001. The nine-year-old from Coshquin, Co Londonderry, died a day after an appendix operation at Altnagelvin Hospital in 2001.
In lengthy comments, Mr McCrisken said he "utterly rejects the accusation of bias".
She was one of five children whose hospital treatment was examined in the long-running Hyponatraemia Inquiry.
A fresh inquest into her death opened last week at Derry court house under coroner Joe McCrisken.
But John Coyle, counsel for the Ferguson family, asked Mr McCrisken to recuse himself and, later, as requested by the coroner, made a written request for him to do so.
The other interested parties in the inquest were also asked to comment.
On Tuesday morning, Mr McCrisken said he had considered all the submissions and decided not to recuse himself.
He said he started hearing the inquest on May 2 and, with an ongoing police investigation at the time, the decision was made to warn nurses giving evidence of their privilege against self-incrimination.
He said he received written arguments about why he should recuse himself, which included a claim comments he made in a conversation with Mr Coyle "showed bias" against the Ferguson family, and also that he adopted a "tone which further demonstrates an attitude towards the next of kin".
Mr McCrisken also said the next of kin made an argument that further bias was shown by not acceding to a suggestion to call the senior investigation officer to give an update on the police investigation and that some comments to their counsel suggested there is "nothing to be gained by holding this inquest".
The other interested parties did not back the application for the coroner to recuse himself.
In lengthy comments, Mr McCrisken said he "utterly rejects the accusation of bias".
He said he wants to make it clear he bears no ill will or animus towards the Ferguson family.
"Indeed as a sworn judicial officer I take my duty to hear this inquest in a fair and independent manner with the utmost seriousness," he said.
Mr McCrisken went on to emphasise the importance of considering the full conversation and context from which the highlighted comments were made, saying his actions to date demonstrate he considers the inquest to be hugely important.
He said he presided over the inquest into the death of Claire Roberts, another child whose death was examined in the Hyponatraemia Inquiry.
That inquest did not hear evidence from medical staff and Mr McCrisken said his findings were "considered fair and proper" by the family.
"I conclude that the test for bias of any type is not met," he said.
"Finally, I want to make it clear once again that I harbour no bias against the Ferguson family and I utterly reject any allegation of bias.
"I respect that the family wish to engage in a proper inquest and I have made it clear on a number of occasions that I am absolutely determined to discharge my legal responsibility to conduct a full, fair and fearless inquest into the circumstances of Raychel's death."
The inquest continues.
By PA.
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