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Top judges back John Larkin over stillbirth inquest

Coroner John Leckey 
Coroner John Leckey  Coroner John Leckey 

THE court of Appeal in Belfast has given permission for an inquest into the stillbirth of a child.

In a landmark decision senior judges backed the case made by the attorney- general, John Larkin Qc, on behalf of Axel Desmond's mother.

Lord chief Justice Declan Morgan also called for guidance on stillbirths issued by the Department of Health to be "reviewed and reformulated as a matter of urgency".

Mr Larkin challenged an earlier ruling that coroner John Leckey was right to refuse his direction to examine the birth.

Axel was stillborn at Altnagelvin Hospital in Derry in october 2001 - one of 112 such cases that year across Northern Ireland.

His mother Siobhan went into labour two weeks after her due date.

She had planned to give birth at home in the city but following complications was admitted to hospital where Axel was delivered by emergency caesarean section.

Staff could not resuscitate him. Although Mr Larkin directed that an inquest be held into his death, the coroner refused last year on the basis that it went beyond his legal powers.

Lawyers for the attorney-general sought a judicial review of his decision, arguing that the coroners Act (Northern Ireland) 1959 contains no clear prohibition.

Counsel for Mr Leckey said the legislation only covers death after a live birth.

Earlier this year a High court judge dismissed the attorney-general's case after setting out the potential ramifications in other areas such as abortion, stem-cell research, IVF and cloning.

Mr Larkin appeared in person to appeal that judgment. Legal arguments centred on a point in the legislation said to link "child destruction" with instances of a deceased person.

Mr Larkin contended that the 1959 act clearly envisaged an inquest being held into the demise of a foetus in utero capable of being born alive.

"Such a foetus must therefore fall within the definition of a "deceased person", he said. Sir Declan, sitting with lords Justices Girvan and Coghlin, agreed.

After allowing the appeal, Sir Declan said: "We consider that there is great force in the submission by the royal college of Midwives that the Guidance on stillbirths issued by the Department of Health, social services and Public safety should be reviewed and reformulated as a matter of urgency.

"If there is likely to be any delay in the final formulation of revised guidance practitioners would doubtless benefit from interim guidance."

Mr Larkin, who arrived in court at the end of the judgment, embraced Ms Desmond. Outside he said he was delighted with the outcome, describing it as a great day for her and her family.

Stressing the importance of the media in drawing the case to his attention, he said: "As a fairly recently appointed attorney-general i was unaware that stillbirths couldn't be examined in a coroner's inquest.

"Having examined it i formed the view that the coroner could and should conduct an inquest into the death of Axel Desmond."

Ms Desmond said: "I'm one step closer to the truth for my baby Axel and to creating a pathway for other children that have died.

"Axel wasn't an 'entity'. My baby was a real-life human being."