Raychel Ferguson: Coroner rejects accusations of bias against family

  • Published
Raychel FergusonImage source, Pacemaker
Image caption,

Raychel Ferguson died at the Royal Belfast Hospital for Sick Children in June 2001

The coroner presiding over the fresh inquest into the death of Raychel Ferguson has rejected accusations made against him of bias against her family.

Last week the Ferguson family had asked that Joe McCrisken recuse himself from proceedings following comments he had made during their daughter's inquest.

Nine-year-old Raychel died of hyponatraemia at the Royal Belfast Hospital for Sick Children in 2001.

She had an appendix operation at Altnagelvin Hospital the day before.

In replying to a written application for recusal, or why he should step aside, Mr McCrisken said he had always intended to hold a "proper, full and informed inquest and with the upmost seriousness".

He also said that he showed "no ill will or animus" towards the Ferguson family.

In a lengthy statement to the court on Tuesday, the coroner said a "fair-minded and informed observer" should inform their decisions by knowing the context of entire conversations between coroner and counsel in private chambers.

Referring to a conversation between himself and the family's counsel John Boyle, Mr McCrisken said it was important the family based any decision around the "full exchange" between both parties.

He said "when this case is considered in its proper and full context, the allegation of bias/pre-determination is not one that is sustainable in law".

Public inquiry

Hyponatraemia is an abnormally low level of sodium in blood and can occur when fluids are incorrectly administered.

In 2018 the Hyponatraemia Inquiry - which examined the deaths of five children in Northern Ireland hospitals, including Raychel - found her death was avoidable.

The family have said they were annoyed at comments made by Mr McCrisken about the public inquiry.

On Tuesday, the coroner reminded the court of that conversation where he said "the Fergusons and everyone else, the medics, sat through a multi-million pound public inquiry, do you not think you got answers from that?

"In fact, it's confirmed in your instructing solicitor's closing submission to the inquiry, that you got answers from the public inquiry."

In summing up, the coroner said to the family that it remains his intention to hold a "full, fair and fearless inquest" into the circumstances around Raychel's death in 2001.

The coroner gave the family 30 minutes to discuss and advise how they wish to proceed.

The inquest has since resumed.