The coroner for Cork city will oppose a family’s High Court case brought over decisions he made in the lead-up to a scheduled inquest into the maternal death of a 31-year-old woman.
Geraldine Yankeu, 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.
In High Court proceedings, Ms Yankeu’s sister, Ornella Nana, claims there is a reasonable apprehension of objective or perceived bias on the part of the Cork city coroner if he oversees 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”, says Ms Nana.
The coroner subsequently said the baby’s death was treated as “natural” and Ms Yankeu’s death was due for hearing, she claims.
Ms Nana alleges 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 claims.
On April 13th, the High Court granted an order temporarily preventing the inquest from proceeding a few days later.
On Monday, Ms Nana’s senior counsel, Derek Shortall, appearing with barristers Doireann O’Mahony and Roddy McConnell, said his client is “anxious to progress the matter”.
Barrister Frank Kennedy, for the coroner, asked for some time to submit opposition papers in the case.
Mr Justice Charles Meenan adjourned the case to be mentioned again on July 17th.
In her action, Ms Nana says she has a legitimate concern that the coroner has predetermined the matter and that it is not appropriate for him to preside over the inquest for this reason.
She says 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 claims the coroner has breached the family’s right to a fair hearing.
She is asking the High Court to make various declarations to the effect that the coroner erred in law and/or acted irrationally or unreasonably and has breached her right to fair procedures. She wants the court to quash the coroner’s decision to schedule the inquest.
The claims are denied.
