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[DETENTIONS:
Investigating
Inquests
IN response to Neil Agpatt's death In detention, and
the approach of the inquest into the circumstances
of his death, it is important to focus attention on
the procedures followed in inquests- This article
looks at some features of the inquest with regard to
political detainees. It includes concrete examples
illustrating tha role of police, the presiding
magistrate, and state pathologists. Other legal
proceedings resulting from deaths in detention are
also considered.
The Inquest Act, Wo 5ft^of 1950
IT ia essential to understand the purpose and alma of
an Inquest in order to realise that the limitations
contained in the various provisions of the Inquest,
Act lay inquest proceedings open to such abuse as to
prevent tha achievement of those aims.
An Inquest Is not a criminal trial in ahlch
people are found guilty and than sentenced. An
inquest is a hearing Consisting of
1) e magistrate;
2) a public prosecutor;
3) a parson representing those aith an interest in the
outcome of the inquest (hereafter referred to MM a
lawyer); and
4) any witnesses that are necessary to assist the
court in the search for tha truth.
The function of both the public prosecutor and the
lawyer is to present the magistrate with the facts
surrounding tha death of tha deceased* The magistrate
than has to arrive at a decision as to the
circumstances of the deceased's death, and whether it
aas caused by any act or omission on the part of
anyone. It oust be stressed that the role of tha
public prosecutor is only to lead the evidence,
and not to attempt to exonerate or apportion blame;
it is certainly not the public prosecutor's role to
put the beliefs and past actions of the deceased on
trial,