The majority of inquests into sudden or unnatural deaths are no longer being held in public, after a decision by coroner Archibald Warner to reserve open hearings for "special interest" cases.

The Royal Gazette can reveal that for the past year Mr. Warner has been dealing with some of the deaths referred to him by police on a "file review" basis, meaning he determines the cause of death based on evidence presented to him, without holding a public inquest.

The issue of how to disclose the outcome of such cases to the public and press is still under review.

Sgt. Adrian Cook, the coroner's officer, said Mr. Warner took the decision to limit the number of public inquests in late 2007 after consultation with other jurisdictions, particularly Ontario in Canada.

The officer said the new system was working well for handling deaths which are not contentious or do not involve public interest issues.

Sgt. Cook said Mr. Warner consults with families to see if they want an open hearing but can decide, against their wishes, not to hold a public inquest if he does not believe one is warranted.

"The Coroner has absolute discretion about what does and doesn't go into public hearings," he said, citing Section Nine of the Coroner's Act 1938. "If he is satisfied that he can determine cause of death by reading the file, then he can do that.

"If there are no pressing, outstanding public interest issues and the matter can be dealt with by way of file review with the consent of the family, the coroner can exercise his discretion to not hold a public hearing."

About 125 to 130 sudden, violent or unusual deaths are reported to the coroner following investigation by police each year. Sgt Cook said death in about 90 percent of those cases was usually found to be due to natural causes.

The remainder would normally require an inquest but the new system has meant 26 cases have been dealt with by file review this year and probably another ten at the end of last year.

"We don't have a separate coroner's court," explained Sgt Cook. "We have to get court time and court time is pretty precious.

"Whatever pressure that I have been able to release from the courts' schedule, the courts were very grateful for, so long as it's reasonable and lawful."

The purpose of an inquest is to find out how, when and where a person died and is inquisitorial, rather than accusatorial, in nature.

Mr. Warner's decision means deaths such as road accidents and drownings may no longer result in inquests.

Sgt Cook said deaths in prison, police custody or mental institutions would still automatically require public hearings and a "number of unresolved homicides" would also be put in the public arena.

Sgt Cook said: "What we haven't dealt with yet... is the mechanism with which we deal with release of information. If we had a public inquest then it would be a forum available to the press.

"When we dispose of them by way of file review it's almost an in-house thing. I have put this to the coroner as to how we should deal with it. It is still being examined."

Sgt Cook said the legislation governing inquests in Bermuda was "old and quite frankly archaic" and badly needed updating. "It's certainly overdue for some evolution in relation to its format and the powers that are available to the coroner, myself as coroner's officer and the police," he said.

Mr. Warner, the Island's senior magistrate, could not be contacted for comment.

* Are you waiting for the inquest of a loved one to take place? What are your views on whether or not the hearing should be held in public? Contact sstrangeways@royalgazette.bm or call 278-0155.