Open verdict
Encyclopedia
The Open verdict is an option open to a Coroner's jury at an Inquest in the legal system of England and Wales
. The verdict strictly means that the jury confirms that the death is suspicious but is unable to reach any of the other verdicts open to them. Mortality studies consider it likely that the majority of open verdicts are recorded in cases of suicide
where the intent of the deceased could not be proved, although the verdict is recorded in many other circumstances.
have cautioned that the verdict does not mean that the jury is failing to do their duty of explaining the cause of death, but that in some cases there is real doubt about how the death came about. However, the uncertainty explicit in the verdict has led many to regard it as an unsatisfactory one. Current legal guidance is to avoid open verdicts if possible:
(legal opinion not forming part of the judgment) in the case of R v West London Coroner, ex parte Gray in 1986, the divisional court stated that the open verdict was, as with the verdicts of unlawful killing and suicide, required to be proved beyond a reasonable doubt. However, the fact that a verdict of suicide
requires "some evidence that the deceased intended to take his own life" means that open verdicts are often recorded in cases where suicide is suspected but the evidence of intent is lacking. For this reason some studies of suicides have also included those deaths in which open verdicts were recorded.
. The attending pathologist noted that the circumstances suggested masochistic sexual activity rather than suicide.
The 1978 death of Keith Moon
, drummer for the Who
, was given an open verdict, with the inquest being unable to determine if his death was accidental or the result of suicide.
In 1982, the jury returned an open verdict on the death of Helen Smith
, a British nurse who had fallen to her death in Saudi Arabia
during a party; this was interpreted as a rejection of the theory that Smith had accidentally fallen, and a victory for her father Ron Smith's claim that she had been killed.
Two successive inquests, in May 1981 and May 2004, have returned open verdicts on the victims of the New Cross Fire
in which 13 black teenagers were killed by a fire at a birthday party. The families of the victims have long believed that the fire was started deliberately, possibly as a racist attack, and the verdict was interpreted as a rejection of that theory and a tentative endorsement of forensic findings that the fire was started accidentally.
The inquest into the death of Jean-Charles de Menezes, who was shot dead in 2005 by Metropolitan Police
officers who mistakenly believed him to be a suicide bomber
, returned an open verdict in December 2008. The coroner had specifically directed them that they were not able to return a verdict of unlawful killing
, and left them the alternatives of the open verdict or ruling the killing lawful, and the verdict (together with the answers to an associated questionnaire given to the jury) was interpreted as a condemnation of the police.
The mysterious death of Bob Woolmer
on March 18, 2007, a Pakistani
cricket
coach, was given an open verdict on November 28, 2007, with the inquest after hearing from more than 50 witnesses over five weeks being unable to determine if his death was due to strangulation theory put forward by Dr. Ere Seshaiah or due to natural causes.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. The verdict strictly means that the jury confirms that the death is suspicious but is unable to reach any of the other verdicts open to them. Mortality studies consider it likely that the majority of open verdicts are recorded in cases of suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
where the intent of the deceased could not be proved, although the verdict is recorded in many other circumstances.
Meaning
Two Lords Chief JusticeLord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
have cautioned that the verdict does not mean that the jury is failing to do their duty of explaining the cause of death, but that in some cases there is real doubt about how the death came about. However, the uncertainty explicit in the verdict has led many to regard it as an unsatisfactory one. Current legal guidance is to avoid open verdicts if possible:
Standard of proof
In an obiter dictumObiter dictum
Obiter dictum is Latin for a statement "said in passing". An obiter dictum is a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision...
(legal opinion not forming part of the judgment) in the case of R v West London Coroner, ex parte Gray in 1986, the divisional court stated that the open verdict was, as with the verdicts of unlawful killing and suicide, required to be proved beyond a reasonable doubt. However, the fact that a verdict of suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
requires "some evidence that the deceased intended to take his own life" means that open verdicts are often recorded in cases where suicide is suspected but the evidence of intent is lacking. For this reason some studies of suicides have also included those deaths in which open verdicts were recorded.
Notable open verdicts
The 1972 inquest in to the death by hanging of sailor Nigel TetleyNigel Tetley
Nigel Tetley was the first person to circumnavigate the world solo in a trimaran.- The race :A native of South Africa, and a Lieutenant-Commander in the Royal Navy, he entered the 1968 Sunday Times Golden Globe Race, which was the first non-stop, single-handed, round-the-world yacht race...
. The attending pathologist noted that the circumstances suggested masochistic sexual activity rather than suicide.
The 1978 death of Keith Moon
Keith Moon
Keith John Moon was an English musician, best known for being the drummer of the English rock group The Who. He gained acclaim for his exuberant and innovative drumming style, and notoriety for his eccentric and often self-destructive behaviour, earning him the nickname "Moon the Loon". Moon...
, drummer for the Who
The Who
The Who are an English rock band formed in 1964 by Roger Daltrey , Pete Townshend , John Entwistle and Keith Moon . They became known for energetic live performances which often included instrument destruction...
, was given an open verdict, with the inquest being unable to determine if his death was accidental or the result of suicide.
In 1982, the jury returned an open verdict on the death of Helen Smith
Helen Smith (nurse)
Helen Smith was a British nurse who died in suspicious circumstances in Jeddah, Saudi Arabia.Following a party at the house of Dr. Richard Arnot and his wife Penny, the bodies of Helen and Johannes Otten , a Dutch tugboat captain, were found in the street 70 feet below the Arnots' sixth floor...
, a British nurse who had fallen to her death in Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
during a party; this was interpreted as a rejection of the theory that Smith had accidentally fallen, and a victory for her father Ron Smith's claim that she had been killed.
Two successive inquests, in May 1981 and May 2004, have returned open verdicts on the victims of the New Cross Fire
New Cross Fire
The New Cross Fire was a devastating house fire which killed 13 young black people during a birthday party in New Cross, southeast London on Sunday 18 January 1981...
in which 13 black teenagers were killed by a fire at a birthday party. The families of the victims have long believed that the fire was started deliberately, possibly as a racist attack, and the verdict was interpreted as a rejection of that theory and a tentative endorsement of forensic findings that the fire was started accidentally.
The inquest into the death of Jean-Charles de Menezes, who was shot dead in 2005 by Metropolitan Police
Metropolitan Police Service
The Metropolitan Police Service is the territorial police force responsible for Greater London, excluding the "square mile" of the City of London which is the responsibility of the City of London Police...
officers who mistakenly believed him to be a suicide bomber
Suicide attack
A suicide attack is a type of attack in which the attacker expects or intends to die in the process.- Historical :...
, returned an open verdict in December 2008. The coroner had specifically directed them that they were not able to return a verdict of unlawful killing
Unlawful killing
In English law unlawful killing is a verdict that can be returned by an inquest in England and Wales when someone has been killed by one or several unknown persons. The verdict means that the killing was done without lawful excuse and in breach of criminal law. This includes murder, manslaughter,...
, and left them the alternatives of the open verdict or ruling the killing lawful, and the verdict (together with the answers to an associated questionnaire given to the jury) was interpreted as a condemnation of the police.
The mysterious death of Bob Woolmer
Bob Woolmer
Robert Andrew Woolmer was an international cricketer, professional cricket coach and also a professional commentator...
on March 18, 2007, a Pakistani
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
cricket
Cricket
Cricket is a bat-and-ball game played between two teams of 11 players on an oval-shaped field, at the centre of which is a rectangular 22-yard long pitch. One team bats, trying to score as many runs as possible while the other team bowls and fields, trying to dismiss the batsmen and thus limit the...
coach, was given an open verdict on November 28, 2007, with the inquest after hearing from more than 50 witnesses over five weeks being unable to determine if his death was due to strangulation theory put forward by Dr. Ere Seshaiah or due to natural causes.