Directions are to be sought from the Attorney General as to how an inquest into the death of a young mother who died at Cork University Maternity Hospital should proceed as the coroner for Cork city will not now hear it following a legal challenge in the High Court.
The development comes after the coroner consented in the High Court on Monday to declaration that there is a reasonable apprehension of objective bias on his part because he initially made a decision not to hold an inquest into the death Geraldine Yankeu.
Counsel for Ms Yankeu’s sister who had mounted the legal challenge, Derek Shortall SC with Doireann O’Mahony BL told the High Court the coroner was also consenting to an order quashing his decision last February to schedule or proceed with the inquest into the death of Ms Yankeu and her stillborn baby girl Mary at Cork courthouse last April.
Unprecedented
Legal sources said the situation is unprecedented, and a letter will now be sent to the Minister for Justice, the Attorney General and Cork City Council as to how to proceed with the inquest into the deaths.
Geraldine Yankeu (31), who had a history of high blood pressure, died at Cork University Maternity Hospital in August 2021 after 11 days in intensive care following the delivery of her stillborn baby Mary.
Ms Yankeu, who lived in Cork city with her partner Patrick and their young son, had become unwell at home and was brought to hospital by ambulance in the early hours of July 21st. After no foetal heartbeat was detected a decision was made to deliver the stillborn baby by Caesarean section, it is alleged.
Ms Yankeu and Mary were buried in her native Cameroon.
Apprehension
In High Court proceedings, Ms Yankeu’s sister, Ornella Nana, claimed there was a reasonable apprehension of objective or perceived bias on the part of the Cork city coroner if he oversaw Ms Yankeu’s inquest before a jury.
That is because he allegedly initially informed Ms Yankeu’s family, in early 2022, that he completed his investigation into the deaths of Ms Yankeu and Mary and concluded they were “natural”, claimed Ms Nana.
The coroner subsequently said the baby’s death was treated as “natural” and Ms Yankeu’s death was due for hearing, she further claimed.
Ms Nana alleged the coroner erred by initially deciding no inquest would be required as the introduction in 2019 of the Coroners (Amendment) Act makes inquests mandatory in all cases of maternal death. He also failed, refused and/or neglected to explain his original decision, she claimed.
Last April 13th, the High Court granted an order temporarily preventing the inquest from proceeding a few days later.
In her action Ms Nana said she had a legitimate concern that the coroner had predetermined the matter and that it was not appropriate for him to preside over the inquest for this reason.
She said her legal representatives unsuccessfully asked the coroner to take certain steps to ensure the inquest be “as thorough as possible”.
She wanted him to summon Ms Yankeu’s GP as a witness, to instruct an independent expert on hypertensive disorders in pregnancy, and to allow time for lawyers to inspect certain hospital charts and for family members to raise funds to fly to Ireland for the hearing. Her lawyers also asked him to recuse himself.
While accepting the coroner’s power of discretion in many areas, she claimed the coroner had allegedly breached the family’s right to a fair hearing.
She asked the High Court to make various declarations to the effect that the coroner erred in law and/or acted irrationally or unreasonably and had breached her right to fair procedures.
All the claims were denied.
On Monday Ms Justice Niamh Hyland made the orders sought.
