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Coroner's comments re helmets-reply received.

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UK and Europe
Published
31 May 2006
Last activity
5 August 2006
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spindrift
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  1. -----Original Message-----
    From: Sent: 16 May 2006 13:59
    To: [email hidden]
    Subject: FAO Mr Gotheridge re Hucknall Today article

    To:
    [email hidden]<
    15/05/2006 09:08 cc: Subject: FAO Mr Gotheridge.

    Nottingham City Coroners Office.
    50 Carrington Street, Nottingham, NG1 7FG
    Tel: 0115 941 2322

    Email: [email hidden]

    Dear Mr Gotheridge.

    I read your remarks relating to the death of Mr Ross with disbelief.

    May I ask if your remarks were quoted accurately in this piece?

    http://www.hucknalltoday.co.uk/ViewArticle2.aspx?SectionID=743&ArticleID=149
    9298

    "Assistant deputy coroner Martin Gotheridge said the cause of death was
    a
    severe head-injury caused by Mr Ross not wearing a helmet."

    This is an outrageous remark in my opinion.

    How on earth can you blame Mr Ross for a car not seeing him and running
    him over?

    If your remarks were faithfully recorded than you have effectively
    given carte blanche for careless motorists to kill cyclists.

    If your remarks were as reported then you have both shifted blame AND
    mitigated the terms of any future civil settlement by stating that the
    injuries were caused by the lack of a helmet, a truly bizarre remark.

    The man died because some idiot either failed to see him due to
    inadequate observations, decided to chance it and misjudged the
    situation, or simply decided her time was more important, and pulled
    out any way.

    There is nothing in those witness statements, police statement or
    anywhere else in the report to attribute blame to this cyclist, unless
    you simply count being on the road as being culpable in any RTA.

    Could you please clarify whether your remarks were reported accurately?

    Best regards

    -----------------------------------------
    Dear Sir

    First of all, please accept my apologies for the delay in responding to
    you.

    I have been directed by Mr Gotheridge to reply on his behalf, as he
    does not enter into personal communication over individual Inquests.
    The transcripts show that the Press report to which you refer did not
    accurately represent Mr Gotheridge's judgement.

    This Inquest has generated much correspondence, most of which is in
    favour of helmets being worn. However, similar concerns have previously
    been raised about motorcyclist's wearing helmets, seatbelts being worn
    in cars, the use of mobile phones whilst driving and air bags.

    Any measure, which can reduce deaths on our roads, must be a good move
    forward. Deaths are at their lowest for many years since introducing
    safety measures. These measures may protect the innocent victim in an
    accident and the cyclist whom you referred to was not blamed.

    There will be no further correspondence.

    Regards

    Des Duddy
    H.M. Coroner's Officer/
    Corporate Services Manager
    Direct Line: 0115 - 9644801
    Fax: 0115 - 9500141

  2. spindrift said:

    There will be no further correspondence.

    So there! :-/

  3. Quoted message said:

    The transcripts show that the Press report to which you refer did not
    accurately represent Mr Gotheridge's judgement.

    Best have a look at the transcripts to see what he did say.

    Not sure where the rest of the letter was going. I presume most of it was
    a form letter sent to everyone whose letters were put into the 'cycle
    helmets wouldn't have helped' basket.

  4. spindrift said the following on 31/05/2006 12:09:
    (quoting Fuddy Duddy)

    Quoted message said:

    There will be no further correspondence.

    That phrase alone would be like a red rag to a bull!

    --
    Paul Boyd
    http://www.paul-boyd.co.uk/

  5. Mark Thompson said:
    Quoted message said:

    The transcripts show that the Press report to which you refer did not
    accurately represent Mr Gotheridge's judgement.

    Best have a look at the transcripts to see what he did say.

    Not sure where the rest of the letter was going. I presume most of it was
    a form letter sent to everyone whose letters were put into the 'cycle
    helmets wouldn't have helped' basket.

    It's noticeable that three out of the four other examples he gives are
    legal requirements, bicycle helmets are not. I await my copy of the
    letter and will probably make an FoI request for the transcript.

    --
    Tony

    "Anyone who conducts an argument by appealing to authority is not using
    his intelligence; he is just using his memory."
    - Leonardo da Vinci

  6. I've asked the newspaper if the coroner's words were reported
    faithfully. If so I will complain to the Home Office.

    Mr Duddy's letter is semi-literate, as well as a pro-forma sent to at
    least two other people I know of.

  7. Tony Raven said:
    Mark Thompson said:
    Quoted message said:

    The transcripts show that the Press report to which you refer did not
    accurately represent Mr Gotheridge's judgement.

    Best have a look at the transcripts to see what he did say.

    Not sure where the rest of the letter was going. I presume most of it was
    a form letter sent to everyone whose letters were put into the 'cycle
    helmets wouldn't have helped' basket.

    It's noticeable that three out of the four other examples he gives are
    legal requirements, bicycle helmets are not. I await my copy of the
    letter and will probably make an FoI request for the transcript.

    I don't think you need to make an FoI request. They should be available
    for a small fee along with any depositions, and notes of evidence and
    any documents entered into evidence. Rule 57 of the Coroners Rules 1984.

    It might be an idea to FoI any emails, documents, notes or letters that the
    Coroner has on (or mentions) cycle helmets that may have informed his
    decision but were not in themselves entered as evidence.

    --
    Andy Leighton => [email hidden]
    "The Lord is my shepherd, but we still lost the sheep dog trials"
    - Robert Rankin, _They Came And Ate Us_

  8. On 31 May 2006 04:09:38 -0700 someone who may be "spindrift"
    <[email hidden]> quoted this:-

    I got the same e-mail.

    Quoted message said:

    -----------------------------------------
    I have been directed by Mr Gotheridge to reply on his behalf, as he
    does not enter into personal communication over individual Inquests.

    Does he not? Then I think that the phrase, "arrogant little [censored]",
    is a justified comment on Mr Gotheridge's attitude.

    Quoted message said:

    This Inquest has generated much correspondence, most of which is in
    favour of helmets being worn.

    This bod does not provide any evidence of this assertion.

    Quoted message said:

    There will be no further correspondence.

    Then I think that the phrase, "arrogant little [censored]", is a
    justified comment on Mr Duddy's attitude.

    Quoted message said:

    Direct Line: 0115 - 9644801
    Fax: 0115 - 9500141

    Both numbers are very tempting. Those in the same country may wish
    to take it up.

    --
    David Hansen, Edinburgh
    I will *always* explain revoked encryption keys, unless RIP prevents me
    http://www.opsi.gov.uk/acts/acts2000/00023--e.htm#54

  9. Paul Boyd said:

    spindrift said the following on 31/05/2006 12:09:
    (quoting Fuddy Duddy)

    Quoted message said:

    There will be no further correspondence.

    That phrase alone would be like a red rag to a bull!

    Do you really have 'civil' servants like that? I'm appalled that a CS
    would be that rude plus that stupid to put that in writing.

    John Kane, Kingston ON Canada
    (who has written one or two get lost letters himself but never that
    stupidly.

  10. In article <[email hidden]>,

    John_Kane () said:


    Paul Boyd said:

    spindrift said the following on 31/05/2006 12:09:
    (quoting Fuddy Duddy)

    Quoted message said:

    There will be no further correspondence.

    That phrase alone would be like a red rag to a bull!

    Do you really have 'civil' servants like that? I'm appalled that a CS
    would be that rude plus that stupid to put that in writing.

    Well, they do say of civil servants that they are neither civil nor
    servile...

    --
    Dave Larrington - <http://www.legslarry.beerdrinkers.co.uk/>
    %VMS-W-IVWORD, unrecognized word "downtime" - check validity and
    spelling

  11. Paul Boyd said:
    Quoted message said:

    There will be no further correspondence.

    That phrase alone would be like a red rag to a bull!

    Or indeed a red bull to a rag... Cycling Weekly?

    -Rob

  12. John_Kane said:

    Do you really have 'civil' servants like that?

    I think they have to pass stringent entrance exams to make sure only
    that sort get in.

  13. Dear Sir

    I have discussed your request with the Coroner who has advised me that
    transcripts of Inquests are not available to members of the public.
    Furthermore, The Freedom of Information Act does not apply to Coroner's
    and
    we are therefore unable to oblige.

    Regards

    Des Duddy
    H.M. Coroner's Officer/
    Corporate Services Manager
    Direct Line: 0115 - 9644801
    Fax: 0115 - 9500141

    Dear Mr Duddy.

    Once a coroner's records have been selected for permanent preservation
    and transferred to a place of deposit under s 4(1) they become the
    responsibility of the authority running the place of deposit, acting on
    behalf of the Lord Chancellor. The Lord Chancellor is a 'public
    authority' for the purposes of FOIA, and therefore potential rights of
    access will apply to information contained in these records, including
    records which would have been 'closed' under the pre-2005 wording of
    the Public Records Act.

    Understandably, some coroners have found it difficult to respond to
    consultation requests from places of deposit under s 66 of FOIA, given
    that they do not normally have to deal with the legislation on a day to
    day basis, and are therefore not familiar with application of the
    potential exemptions contained in the Act. From January 2005, coroners
    also need to inform places of deposit whether newly-transferred records
    can be regarded as open to the public, or are subject to exemptions
    specified in FOIA.

    www.nationalarchives.gov.uk/services/pdf/foi_update_autumn2005.rtf

    Please advise when Section 4 (1) has been applied.

    Regards

  14. spindrift said:

    Dear Sir

    I have discussed your request with the Coroner who has advised me that
    transcripts of Inquests are not available to members of the public.
    Furthermore, The Freedom of Information Act does not apply to Coroner's
    and
    we are therefore unable to oblige.

    What possible justification can there be for keeping the transcript of
    an inquest secret in cases that do not involve national security? Sir
    Humphrey lives on.

    --
    Dave...

  15. dkahn400 said:
    spindrift said:

    Dear Sir

    I have discussed your request with the Coroner who has advised me that
    transcripts of Inquests are not available to members of the public.
    Furthermore, The Freedom of Information Act does not apply to Coroner's
    and
    we are therefore unable to oblige.

    What possible justification can there be for keeping the transcript of
    an inquest secret in cases that do not involve national security? Sir
    Humphrey lives on.

    It would seem that it correct to a point:
    http://www.nationalarchives.gov.uk/services/pdf/foi_update_autumn2005.rtf
    Coroners’ records
    The application of the Freedom of Information Act (FOIA) to coroners'
    records held by places of deposit under s 4(1) of the Public Records Act
    1958 has generated a number of queries to The National Archives (TNA)
    recently. Coroners are not themselves 'public authorities' within the
    meaning of the Act, and therefore there is no statutory right of access
    to information held by them under FOIA.

    However, once a coroner's records have been selected for permanent
    preservation and transferred to a place of deposit under s 4(1) they
    become the responsibility of the authority running the place of deposit,
    acting on behalf of the Lord Chancellor. The Lord Chancellor is a
    'public authority' for the purposes of FOIA, and therefore potential
    rights of access will apply to information contained in these records,
    including records which would have been 'closed' under the pre-2005
    wording of the Public Records Act.

    Understandably, some coroners have found it difficult to respond to
    consultation requests from places of deposit under s 66 of FOIA, given
    that they do not normally have to deal with the legislation on a day to
    day basis, and are therefore not familiar with application of the
    potential exemptions contained in the Act. From January 2005, coroners
    also need to inform places of deposit whether newly-transferred records
    can be regarded as open to the public, or are subject to exemptions
    specified in FOIA.

    TNA has provided a short briefing on this situation to the Secretary of
    the Coroners' Society, and we understand that the matter is to be raised
    at the next meeting of the Society's Council in November. The issue has
    also been raised with colleagues in the Department for Constitutional
    Affairs, who now have sole responsibility for the coroner service within
    central government, and we hope that a meeting of interested parties to
    discuss the issue of detailed guidance to places of deposit and coroners
    will take place shortly.

    --
    Tony

    "Anyone who conducts an argument by appealing to authority is not using
    his intelligence; he is just using his memory."
    - Leonardo da Vinci

  16. "spindrift" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    I've asked the newspaper if the coroner's words were reported
    faithfully. If so I will complain to the Home Office.

    And you'll accept its assertions as the absolute truth?

    C'mon if you are going to make a complaint to the Home Office make sure that
    you are in possession of the facts.

    What measures will you take if the newspapaper has mis-reported the coroner?

  17. "spindrift" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    I've asked the newspaper if the coroner's words were reported
    faithfully. If so I will complain to the Home Office.

    And you'll accept its assertions as the absolute truth?

    C'mon if you are going to make a complaint to the Home Office make sure that
    you are in possession of the facts.

    What measures will you take if the newspapaper has mis-reported the coroner?

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