Tasion v Officer In Charge of CID Kokopo [2021] PGDC 95; DC6049 (16 July 2021)

DC6049

PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS CORONIAL JURISDICTION]

COR 53 of 2021
BETWEEN

Bradlyn Tasion
Applicant

AND

1. Officer Incharge of CID –Kokopo

AND

2. Chief Sergeant Aiyofa Faregere

AND

3. The Acting Director of Medical Services –

Nonga Base Hospital

AND

4. Bradley Woo –Father of Deceased
Respondents

Kokopo: SLavutul

2021: 02^nd, 05^th, 08^th, 09^th, 13^th July
      

Practice and Procedure – Notice of Motion -Coronial – Jurisdiction – Section 2 (2) – East New Britain Coroner lacks jurisdiction, power and authority – Death occurred outside of East New Britain Province – Suspicious Circumstances raised – Report to Coroner- Warrant to Bury – Referral to AROB Coroner.

Held:

That the Coroner appointed specifically for East New Britain province does not have the jurisdiction, power and authority over the body of Late Tyrone Sam Woo as the death occurred in Arawa, Autonomous Region of Bougainville except for the Coroner based in Buka, AROB.

Cases Cited
Nil

References
Coroners Act
District Courts Act

Counsel

Applicant Appeared for by Counsel Ms. Jane-marrie Ainui

Respondent Appeared for by Prosecutor Chief Sergeant Patrick Mandrei

Ruling On Notice of Motion

16^th July 2021

Samuel Lavutul - Coroner; This matter rose out of an Order for Post Mortem which was issue by the Coroner here in Kokopo, ordered for a Post Mortem to be carried out on the body of late Tyrone Sam Woo who passed away in Arawa in the AROB. I named the following in this proceeding as they are affected directly by this application; 1. Officer Incharge of CID –Kokopo, 2. Chief Sergeant Aiyofa Faregere, 3. The Acting Director of Medical Services –Nonga Base Hospital, 4. Bradley Woo –Father of Deceased.

2. The Notice of Motion filed on the 02^nd of July, 2021 by counsel representing the mover of the motion namely, Applicant Bradlyn Tasion. The Applicant moves the court for the following orders;

1. Pursuant to section 2 (2) of the Coroner’s Act that the Orders for Post Mortem Examination dated the 28^th June 2021 to be set aside as the death was in Arawa, Autonomous Region of Bougainville.
   
2. That the body of the Late Tyrone Sam Woo be released from the morgue at Nonga General Hospital for burial
   
3. Any other orders the Court deems fit.
   

Background

3. By way of background the Applicant Bradlyn Tasion and Respondent No. 04 Bradley Woo are the biological parents of Late Tyrone Sam Woo. Tyrone Sam Woo was 12 years old and he passed away on the 17^th of June 2021 at 9. 00 am in Arawa, according to the Medical Certificate of Death issued by the Arawa District Hospital on the 19^th of June 2021, by one Joe Vilon Pote a medical officer. The Medical Certificate recorded Late Tyrone Sam Woo was asthmatic and he passed away due to an asthmatic attack. The body of Late Tyrone Sam Woo was then transported to Buka Island for the purposes of repatriation to Kokopo.

4. On the 24^th day of June, 2021 a Sealing Certificate accompanied by a Statutory Declaration was issued by Environmental Officer Motoru Memeho of the Buka Urban Community Government. This Certificate was issued in order to confirm that the casket contains the remains of Late Tyrone Sam Woo and ready for transportation by air to Kokopo, East New Britain Province. The Coroner of the Autonomous Region of Bougainville then issue a Warrant to Bury dated the 21^st of June, 2021 permitting the body of Late Tyrone Sam Woo to be buried.

5. On the 25^th of June 2021 the body of Late Tyrone Sam Woo was flown to Kokopo by his mother Bradlyn Tasion and husband namely, David Teloma. The body of Late Tyrone Sam Woo then overnighted at his father’s residence at Block 8 at Giregire, Kokopo, East New Britain province. On Saturday 26^th of June, 2021 the Late Tyrone Sam Woo was taken down to the Nonga Base Hospital Morgue for preservation.

Suspicious Circumstances

6. On Sunday 27^th of June 2021, members of the Woo family and Tasion family all met at the Nonga Hospital Morgue in order to prepare Late Tyrone Sam Woo’s body for burial. It is alleged by Bradley Woo that as Late Tyrone’s clothes were removed in order for him to be washed and dressed Bradlyn Tasion’s family did not allow members of his Woo family to enter the morgue. However he alleged they forced their way into the morgue. He alleged members of his family did discovered bruises on Late Tyrone’s body. It also alleged they discovered he had bruises on his back and neck including softness around the back of his head. In which photographs were taken and annexed to Bradley Woo’s affidavit dated the 07^th of July, 2021.

7. It is further alleged by Bradley Woo the father of Late Tyrone Sam Woo that on Saturday 26^th of June 2021 he received a call from his cousin Gareth Low telling him that he spoke with a Health Worker namely Yvonne Sele at the Arawa District Hospital seeking further information surrounding the death of Tyrone Sam Woo. Bradley Woo alleged that he learnt from his cousin Health Worker Yvonne Sele’s version of how Late Tyrone Sam Woo died contradicts what Bradlyn Tasion had told him.

8. Moreover, Bradley Woo alleged that whilst in his effort to confirm with Health Worker Yvonne Sele at the Arawa District Hospital on how Late Tyrone died; Bradley alleged he personally called and spoke with Health Worker Yvonne Sele and she told him that Tyrone was already dead before they took him to the hospital. And that it wasn’t Bradlyn Tasion that brought him to the hospital; but two (2) Bougainvillean ladies brought Late Tyrone Sam Woo to the hospital. He alleged after hearing from Health Worker Yvonne Sele he concluded Bradlyn Tasion was hiding something from him regarding Tyrone’s death.

9. In addition, Bradley Woo stated that he called his sister namely; Jananae Woo in Goroka asking her if her husband Samson Sasama could call his family or friends at Arawa District Hospital due to the fact that he is from Buka. Bradley stated Samson Sasama called a Health Worker by the name of Tracey Tsiroats regarding the death of Late Tyrone Sam Woo and he alleged the version of her story matched that of Health Worker Yvonne Sele.

10. Bradley Woo stated also that Health Workers Yvonne and Tracey Tsiroats told him that Late Tyrone Sam Woo always go to Arawa Rural Hospital to get treatment for asthma unaccompanied.

Report of Death to Coroner

11. In brief based on the above suspicious circumstances the matter was brought to the attention of the Acting Officer Incharge of the Criminal Investigation Branch at Kokopo, namely Chief Sergeant Aiyofa Faregere on Saturday 26^th of June by police officer Senior Constable Greg Takavong. It was formally recorded on the Police Occurrence Book No 687/06 and Crime Report No. 176/21.

12. The matter was then brought to the attention of the Coroner for East New Britain and due to the fact it was over the weekend he gave verbal orders to OIC CID Chief Sergeant Faregere in order for the body of Late Tyrone Sam Woo to be brought back and held at Nonga Base Hospital Morgue for the purposes of carrying out a post mortem.

13. On the 28^th of June 2021, Acting Officer Incharge of CID in Kokopo, Chief Sergeant Aiyofa Faregere filed a Report of Death to Coroner stating the suspicious circumstances surrounding the death of Late Tyrone Sam Woo as result the Coroner issued an order for post mortem dated 28^th of June, 2021.

14. The post mortem was not conducted as per ordered after the Applicant Bradlyn Tasion through her lawyer filed before magistrate Amanu for the post mortem order to be set aside with arguments that the Coroner in Kokopo does not have jurisdiction to order a post mortem as the Late Tyrone Sam Woo passed away in Arawa in the AROB and not in East New Britain. Magistrate Amanu in all fairness on the 02^nd of July, 2021 stayed the Post Mortem Order dated the 28^th of June 2021 including the Warrant to bury dated the 21^st of June, 2021. And the court ordered for the matter to return before the Coroner on the 05^th of July 2021 at 1.30 pm for hearing of the Application by way of Notice of Motion filed on the 02^nd of July, 2021.

Issue

15. In brief counsel for the Applicant Bradlyn Tasion argued before the court on 09^th of July, 2021 and raised the issue challenging the jurisdiction of the ENB Coroner in dealing with a matter on a death which occurred in Arawa in the Autonomous Region of Bougainville pursuant to Section 2 (2) of the Coroners Act. The matter was adjourned to the 13^th of July, 2021 at 2.30pm for submissions. Both counsel and Prosecutor assisting the Coroner filed their respective written submissions and considered by the court.

Deliberations

16. The only issue before me is that whether the Kokopo District Court sitting as Coroner Court has jurisdiction to issue Orders for Post Mortem over a death that occurred in Arawa, Autonomous Region of Bougainville? I had the benefit of both submissions filed by counsel and prosecution in assisting my determination of this matter.

17. Firstly Section 2 of the Coroners Act spells out the appointment and jurisdiction of certain Coroners.

(1) The Judicial and Legal Services Commission may, by notice in the National Gazette–

(a) appoint a person to be a Coroner; and
(b) specify the province or provinces within which he has jurisdiction, power and authority as a Coroner.

(2) A Coroner appointed under Subsection (1) may hold an inquest in connection with a death or a fire that occurs, or on a dead body that is found, only within the province or provinces within which he has jurisdiction, power and authority as a Coroner.

18. Despite the fact I am legally qualified by section 2 (1) (a) (b) of the Coroners Act as a Coroner appointed and gazetted by the Judicial and Legal Services Commission with jurisdiction, power and authority over the entire East New Britain Province; as per my reading of section 2 (2) of the Coroners Act, I concur or agree with counsel for the Applicant my powers are only limited to deaths or fire that occurs, or on a dead body that is found only within the province or provinces within which I have jurisdiction, power and authority as a coroner. I am unable to find any saving provision (s) within the Coroners Act which may assists both parties and the Court with this dilemma we are faced with.

19. Therefore in the matter before me I further concur with counsel for the Applicant; only the Coroner for the Autonomous Region of Bougainville has jurisdiction, power and authority over the death of late Tyrone Sam Woo and not the Coroner for East New Britain Province.

20. However, despite that fact I do not have jurisdiction, power and authority over the death of Late Tyrone Sam Woo as a Coroner and magistrate I have both legal and moral obligation to ensure the right thing is done and must be seen to be done in light of the suspicious circumstances described above.

21. Counsel for the Applicant in her concluding remarks in her submission before this court gave two (2) options to the court on either option 1 is for the court to grant orders that the Order for Post Mortem which I issued on the 28^th of June, 2021 to be set side and the body of Late Tyrone Sam Woo to be released from the Nonga Base Hospital for burial. And option 2 is for the Respondent father Bradley Woo to properly obtained orders from the Coroner’s Court at the Buka District Court in the Autonomous Region of Bougainville.

22. I again with emphasis in light of the suspicious circumstances described above I consider option 2 and that is for the Respondent father Bradley Woo to properly obtained orders from the Coroner’s Court at the Buka District Court in the Autonomous Region of Bougainville in light of his desire for a post mortem to be conducted on the body of Late Tyrone Sam Woo.

Orders

I now enter orders in the following;

1. That Orders for Post Mortem issued by the Coroner in Kokopo on the 28^th of June, 2021 is hereby set side.

2. That the Warrant to Bury issued by the Buka District Court on the 21^st day of June, 2021 remained stayed.

3. That the 04^th Respondent Bradley Woo, father of the Late Tyron Woo and the Acting Officer Incharge of the Criminal Investigation Branch at Kokopo Police Station, Chief Sergeant Aiyofa Faregere including OIC CID at Buka Police Station are given until Tuesday 20^th of July 2021 to file proper before the Coroner in Buka, AROB for an Order for Post Mortem.

4. That the Acting Director of Medical Services at Nonga Base Hospital including all morgue attendants are restrained from interfering and/or assist to facilitate the removal of the body of Late Tyrone Sam Woo from their custody.

5. That Applicant Bradlyn Tasion, her relatives, associates and agents are restrained from interfering with the body of Late Tyrone Sam Woo and are not to come near the Nonga Hospital premises as of today.

6. That relatives and friends of Bradlyn Tasion are not to interfere with the Nonga Hospital Administration, the OIC CID at Buka, the OIC CID at Kokopo and the Bradley Woo and family.

7. That the above orders will automatically terminate itself at 6.00 pm on Tuesday 20^th of June 2021.

................................

Sergeant Patrick Mandrei Prosecutor assisting the Coroner of Kokopo Police Station.

Ms. Jan-marrie Ainui Counsel for the Applicant of the office of the Public Solicitor.