KEY POINTS:
There is no evidence that Auckland Queen's Counsel Robert Fardell, who drowned after a fall on to Narrow Neck Beach, intended to commit suicide, Auckland coroner Murray Jamieson has found.
Dr Jamieson said Mr Fardell drowned on December 11, 2005, and there were no "suspicious or untoward circumstances in relation to his death".
Injuries on the 52-year-old's body were consistent with a fall and an autopsy suggested they had happened before he drowned.
Dr Jamieson said no evidence was found suggesting the QC intended to take his own life. "Indeed, his work on forthcoming cases suggested to the contrary".
Mr Fardell had been working at his Devonport home with a colleague on a pending case. After the colleague left, about 11am, Mr Fardell took his dog for a walk and returned with a coffee. He then took an afternoon nap and, about 5pm, after "some discussions" with his wife, Kate, took another walk.
"He passed a neighbour on his journey. Although the neighbour thought Mr Fardell looked distracted, his behaviour was not unusual," Dr Jamieson said.
About 7pm, Mr Fardell's body was found on the beach, about 5km from his home.
"No evidence was located to suggest that Mr Fardell harboured any intention to commit suicide. Indeed, his work on forthcoming cases suggested to the contrary," Dr Jamieson said.
"Inquiries by the police, who carried out a complete and thorough investigation, did not uncover any suspicious or untoward circumstances in relation to his death.
"[Mr Fardell] was a prominent barrister, known principally for his skill as an advocate and strategist in commercial litigation."
A forensic pathologist's report said: "The external injuries and fractures and bruising are consistent with a fall from a height, landing on his head/upper back. Some of the abrasions on the limbs may have been due to secondary or post-mortem impact with rocks etc.
"There is no evidence the injuries from the fall have directly caused his death. However, it is likely he was unconscious as a result of the fall and later drowned. The only significant natural disease was that of narrowing (atheroma) of one of the coronary arteries."
Mr Fardell, a partner at Russell McVeagh, was considered one of the country's top courtroom lawyers and was made a QC in 2002.
