Chris Kahui was found not guilty of the murder of his twin babies. Yet a coroner has found their fatal brain injuries occurred at a time they were in his sole custody, care and control. The implication was clear enough for the young man's lawyer to try to challenge aspects of the coroner's findings becoming publicly known. They abandoned that legal battle this week, allowing the public to wonder again about the wisdom of criminal justice.
A coroner's inquest resembles justice used in some other jurisdictions and often cited as superior to the adversarial system we have inherited from Britain. An inquest aims to discover the factual cause of death. It is not primarily to find someone guilty, though coroners do not always hesitate to point their remarks strongly in that direction when sure of their ground.
They do not even need to be sure. They can reach decisions on the "balance of probabilities", which is less certain than juries in criminal trails are supposed to be when they find someone guilty "beyond reasonable doubt". In this case the coroner, Garry Evans, said he was satisfied with his finding "to the point of being sure".
He had another advantage over the trial jury. He was able to hear and question Kahui. The right to silence does not apply in inquisitions designed to find the truth rather than test a criminal charge. Having heard Kahui, the coroner was not impressed with his credibility and said so.
The coroner's court is more satisfying than a criminal court in every respect but one - a coroner's finding against an individual carries no direct punishment. There may be consequences for the person but they are not prescribed by the law. If coroners did have the power to imprison people found responsible for death, justice would probably demand that inquests become more like criminal trials, with adversarial interrogation of witnesses and an accused's right to silence.