Supreme Court grants leave for certiorari against Coroner's power to commit for trial under Coroners Law.

[*1447] 1968 December 16

(JOSEPHIDES, J.)

ORIGINAL JURISDICTION

In the matter of an application by Costas Papadopoullos of Xeros for leave to apply for an Order of Certiorari and

In the matter of the inquisition and committal for trial, dated the 29th November, 1968, made by Judge A. Pantelides, sitting as a Coroner.

(Civil Application No. 10/68).

Certiorari - Application for leave to apply - Grant of leave - Considerations applicable.

Coroner - Inquisition - Whether the Coroner's Law Cap. 153 confers any power on the Coroner to commit a person for trial before the Assizes.

L. Clerides with S. Nikitas for the Applicant.

JOSEPHIDES. J.: This is an application for leave to apply for an order of certiorari to remove into this Court and quash –

(a) the charge of homicide preferred under section 205 of the Criminal Code, Cap. 154 (as amended), by a Coroner in Nicosia against Costas Papadopoullos, of Xeros (the present applicant); and

(b) the committal of the aforesaid person made by the Coroner for trial on the charge of homicide, before the Assize Court of Nicosia sitting on the 17th February, 1969. [*1448]

Briefly the facts are as follows:

One Georghios Charalambous alias Italos, of Pendayia, died on the 2nd August, 1968, at the Pendayia Hospital. The learned Coroner, after hearing a number of witnesses, gave his verdict and certified it by an inquisition in writing under the provisions of section 25 of the Coroners Law, Cap. 153 on the 29th November, 1968. The Coroner found that the deceased Charalambous died as a result of cerebral compression, due to sub-dural haematoma caused to him by a blow or blows on the head whilst the deceased was on the 7th July, 1968, in the Xeros Police Station. The Coroner further found that such blow or blows had been inflicted by Sgt. Costas Papadopoullos (the present applicant), then in charge of the said police station.

After returning a verdict of "death due to homicide", the Coroner committed the applicant far trial before the Assize Court of Nicosia and bound over the witnesses who had given evidence at the inquest to appear before such court. Before committing the applicant to the Assize Court, the Coroner charged him with the offence of homicide contrary to section 205 of the Criminal Code (as amended). He further directed that the applicant be apprehended immediately and kept in custody pending his trial before the Assizes; but he left the question of bail open to be determined later by him. Learned counsel for the applicant informed this Court that bail was, in fact, subsequently granted by the Coroner.

The question which arises for consideration by me at this stage is whether there is a prima facie case made out sufficiently to justify the granting of leave to the applicant [*1449] to move this Court in due course to issue an order of certiorari. It is not necessary for me to go now into the matter thoroughly, hut it is sufficient if on the face of the appli­cant's statement, and the affidavits in support, the Court is justified to grant such leave. In the first place there is no express provision in the Coroners Law, Cap. 153. conferring any power on the Coroner to commit a person for trial before the Assizes; and, as at present advised, I am not aware of any other enactment conferring such power on a Coroner. I need not decide at this stage whether the Coroner had power to charge a person with homicide. That question may he exami­ned and determined at the hearing of the application.

Having considered the matter, after hearing argu­ment from learned counsel, I am satisfied that this is a proper case in which to grant leave to the applicant to apply for an order of certiorari.

As regards the procedure to he followed, I need only say that notice should be given to the persons who ought to have notice of the proceedings, and the applicant is to proceed with all reasonable speed to prepare and lodge his application.

Leave to apply for an

order of Certiorari granted.