Raychel Ferguson Inquest: Coroner rejects calls to recuse himself

The Coroner in the inquest into the death of 9-year-old Raychel Ferguson has rejected calls that he recuse himself from the hearing due to 'bias and animus' towards the deceased's family.

Last week counsel for the Ferguson family made an application for the Coroner, Mr Joe McCrisken, to recuse himself after he made remarks about the fact that there had  already been 'a multi million pound inquiry' into the death.

9-year-old Raychel died the day after an operation to remove her Appendix in Altnagelvin Hospital from hyponatraemia.

Her death was one of 5 cases considered by the Hyponatraemia Inquiry. 

Today Mr McCrisken responded to the application made by the counsel for the next of kin.

He spoke of the circumstances in which his remarks were made and said that it appeared that the next of kin objected to the tone of his remarks and also that it appeared he had pre-determined the outcome of the inquest.

The Coroner said that counsel for the Ferguson family seemed to be objecting to his refusal to adjourn the hearing until the senior investigating officer from the PSNI gave an update into the police investigation. 

This had become relevant as some of the nurses giving evidence had refused to answer questions relating to Rachel's treatment on the grounds they could incriminate themselves.

Mr McCrisken said that he did not believe there was any legal basis to sustain the allegation of bias. 

He said he was committed to holding the inquest in 'a fair, thorough and impartial manner.' 

He added there was no evidence he had any pre-determined view as to the outcome of the inquest. 

Citing the fact counsel for the Ferguson family had praised his questioning of a medical witness he said there was no evidence of bias. 

The Coroner quoted what he described as 'a fair minded informed observer' as the test for bias either actual or apparent and said he did believe there was something to be gained from this inquest. 

He outlined the exchange between himself and Mr Coyle and said 'robust judicial questions' were part and parcel of a judicial hearing. 

Refusing the application to recuse himself Mr McCrisken said he was commited to holding 'a full, fair and fearless inquest' to ascertain how Raychel Ferguson came to her death. 

The hearing continues.