The open verdict is an option open to a
coroner's jury
A coroner's jury is a body convened to assist a coroner in an inquest, that is, in determining the identity of a deceased person and the cause of death. The laws on its role and function vary by jurisdiction.
United Kingdom
In England and Wale ...
at an
inquest
An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coro ...
in the
legal system of England and Wales. The verdict means the jury confirms the death is suspicious, but is unable to reach any other
verdicts open to them.
Mortality studies consider it likely that the majority of open verdicts are recorded in cases of
suicide
Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...
where the intent of the deceased could not be proved,
although the verdict is recorded in many other circumstances.
Meaning
Two
lord chief justices have cautioned an open verdict does not mean the jury has failed to do their duty of explaining the cause of death, but that in some cases, there is genuine doubt about the cause of death.
However, the uncertainty explicit in the verdict has led many to regard it as an unsatisfactory one.
[See, for example Jon J. Nordby PhD, ''Dead Reckoning: The Art of Forensic Detection'', CRC Press, 1999, p. 243: "An open verdict satisfies no one."] Current legal guidance is to avoid open verdicts if possible:
Standard of proof
In an ''
obiter dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbi ...
'' (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 of a verdict of
suicide
Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...
requires "some evidence of the deceased having intended to take his own life" means 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
In May 1961, a fire broke out in the
Top Storey Club in
Bolton
Bolton (, locally ) is a large town in Greater Manchester in North West England, formerly a part of Lancashire. A former mill town, Bolton has been a production centre for textiles since Flemish people, Flemish weavers settled in the area i ...
, Greater Manchester. Nineteen people died in the fire (fourteen in the fire and five who jumped from windows on the eighth floor) but despite an investigation by the police and fire brigade, no actual cause for the fire could be given and the coroner recorded an open verdict on all who died in the fire.
The 1972 inquest in to the death by hanging of sailor
Nigel Tetley
Nigel Tetley (8 February 1924 – 2 February 1972) was a British sailor who was the first person to circumnavigate the world solo in a trimaran.''A Voyage for Madmen'', by Peter Nichols; pages 32–33. Harper Collins, 2001.
The race
A nativ ...
returned an open verdict. The attending pathologist noted that the circumstances suggested masochistic sexual activity rather than suicide.
The 1978 death of
Keith Moon
Keith John Moon (23 August 19467 September 1978) was an English drummer for the rock band the Who. He was noted for his unique style of playing and his eccentric, often self-destructive behaviour and addiction to drugs and alcohol.
Moon grew ...
, drummer for
The Who
The Who are an English rock band formed in London in 1964. Their classic lineup consisted of lead singer Roger Daltrey, guitarist and singer Pete Townshend, bass guitarist and singer John Entwistle, and drummer Keith Moon. They are considered ...
, 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
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
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.
In February 1997, actor
Barry Evans was found dead in his home by police. The police discovered Evans' body in his living room after going to the house to tell him they had recovered his stolen car which had been reported missing the day before. The cause of his death has never been confirmed. The coroner found a blow to Evans' head and also found high levels of alcohol in his system. A short written
will
Will may refer to:
Common meanings
* Will and testament, instructions for the disposition of one's property after death
* Will (philosophy), or willpower
* Will (sociology)
* Will, volition (psychology)
* Will, a modal verb - see Shall and will
...
was found on a table next to his body, and a spilled packet of aspirin (bearing a pre-decimalisation price tag indicating that the pack was at least 26 years old) was found on the floor, although the coroner concluded that Evans had not taken any of these. An open verdict was eventually given. An 18-year-old man was arrested but later released without charge due to insufficient evidence.
Two successive inquests, in May 1981 and May 2004, have returned open verdicts on the victims of the
New Cross house fire
The New Cross house fire was a fire that occurred during a party at a house in New Cross, south-east London, in the early hours of Sunday, 18 January 1981. The blaze killed 13 young black people aged between 14 and 22, and one survivor took his ...
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.
["]
The inquest into the
death of Jean Charles de Menezes
Jean Charles da Silva e de Menezes (; 7 January 1978 – 22 July 2005) was a Brazilian man killed by officers of the London Metropolitan Police Service at Stockwell station on the London Underground, after he was wrongly deemed to be one of t ...
, who was shot dead in 2005 by
Metropolitan Police
The Metropolitan Police Service (MPS), formerly and still commonly known as the Metropolitan Police (and informally as the Met Police, the Met, Scotland Yard, or the Yard), is the territorial police force responsible for law enforcement and ...
officers who mistakenly believed him to be a
suicide bomber
A suicide attack is any violent Strike (attack), attack, usually entailing the attacker detonating an explosive, where the attacker has suicide, accepted their own death as a direct result of the attacking method used. Suicide attacks have oc ...
, 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
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 more unknown persons. The verdict means that the killing was done without lawful excuse and in breach of ...
, 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 death of
Bob Woolmer
Robert Andrew Woolmer (14 May 1948 – 18 March 2007) was an English cricket coach, cricketer, and a commentator. He played in 19 Test matches and six One Day Internationals for the England cricket team and later coached South Africa, Warwick ...
, an English
cricket
Cricket is a bat-and-ball game played between two teams of eleven players on a field at the centre of which is a pitch with a wicket at each end, each comprising two bails balanced on three stumps. The batting side scores runs by striki ...
coach, on 18 March 2007 while coaching
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
during the
World Cup
A world cup is a global sporting competition in which the participant entities – usually international teams or individuals representing their countries – compete for the title of world champion. The event most associated with the concept i ...
was given an open verdict on 28 November 2007, with the inquest after hearing from more than 50 witnesses over five weeks being unable to determine whether his death was due to murder, natural causes or an accident.
References
{{reflist
English law
Legal terminology