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Home / New Zealand

Christchurch terror attack: Chief Coroner to look into emergency response to March 15 mosque attacks

Anna Leask
By Anna Leask
Senior Journalist - crime and justice·NZ Herald·
28 Oct, 2021 12:36 AM4 mins to read

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The Chief Coroner has revealed more details about an inquiry into the Christchurch terror attack. Photo / Alan Gibson

The Chief Coroner has revealed more details about an inquiry into the Christchurch terror attack. Photo / Alan Gibson

The Chief Coroner has released more information about her inquiry into the 2019 terror attack at two Christchurch mosques.

Judge Deborah Marshall has confirmed she intends to look closely at the first response to the attacks by emergency services and whether any victims could have been saved if things had been done differently.

But she is seeking submissions from interested parties before the scope of her inquiry is finalised.

Last week, Judge Marshall announced that inquiry would be opened into the deaths of all 51 Muslims shot dead on March 15.

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"Following my formal opening of a coronial inquiry into the 2019 Christchurch masjid attacks, I have now drafted a minute setting out the issues that may be looked into and the questions that will be answered," she said this afternoon.

"The proposed focus for the inquiry is based on my review of the questions and issues raised by families of the Shaheed, victims and other interested parties."

Judge Marshall said the minute today outlined "just a starting point" and a final decision on the scope of the coronial inquiry has yet to be made.

"Families of the Shaheed, victims and other interested parties will be given the opportunity to express their views by making submissions," she said.

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Coroner Brigitte Windley, who will be taking over the inquiry, will hold a hearing on December 14 and 15 in Christchurch to consider these submissions.

She will then make a final decision on the issues to be investigated.

Judge Marshall said that hearing was not an inquest hearing.

She was yet to confirm whether an inquest will occur - and what form it might take.

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A coroner opens and conducts an inquiry - including any related inquest - to establish a person's cause and circumstances of death, to make recommendations to prevent similar deaths and to determine whether it will be in the public interest to refer the matter back to other authorities to investigate.

A corner's role is not to determine civil, criminal or disciplinary liability.

Not every death will necessitate a coronial inquiry being opened and conducted.

Judge Marshall said in making her decision to open the inquiry into the 51 deaths, she was "acutely mindful" that there had already been an extensive criminal investigation and prosecution and a Royal Commission of Inquiry.

The Royal Commission made a number of recommendations with an eye to preventing future deaths in similar circumstances.

"Nonetheless, my review of the submissions received from interested parties
reveal some aspects of the circumstances of the deaths of the 51 Shaheed that do
not appear to have been adequately established, at least at this point in time, and
are within the parameters of the coronial jurisdiction to inquire into," Coroner Marshall said today.

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The main issue she will be looking at is the emergency first response to provide medical aid to victims and the survivability of those who died.

"My provisional view is that issues related to first response and survivability of those who died have not been the subject of an independent inquiry - and were expressly excluded from the RCOI's Terms of Reference.

"Accordingly, I propose to treat such issues as being within the scope of the inquiry."

She said other issues families wanted raised may be able to be dealt with by direct contact between the Coroner's office and the individual.

"This is because the issue raised appears to be in the nature of an information request and may be able to be dealt with by the provision of evidence already gathered during the police investigation - such as the provision of CCTV footage, timelines, forensic evidence, statements - or by provision of additional expert evidence."

Interested parties and their lawyers must make submissions by November 26 before Coroner Windley's hearing on December 14 and 15.

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"Following that hearing, and further consideration of submissions made, Coroner
Windley will finalise and issue a decision on the scope of the inquiry," said Judge Marshall.

"Once the issues for inquiry are finalised, Coroner Windley will then consider whether an inquest hearing is required to address any of those issues."

Submissions can be sent to coronial.response@justice.govt.nz.

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