Legal expert weighs in on coroner’s findings on Kirra McLoughlin death

Deputy State Coroner Jane Bentley determined in June that Gympie man Paul McDonald caused the injuries that killed Kirra McLoughlin - finding he beat and choked her then waited hours to call an ambulance – but there was no recommendation that he be charged.

A legal expert has offered insight as to why a coroner did not recommend charging the man she determined was responsible for causing the injuries that killed young Wolvi mum Kirra McLoughlin in July 2014.

A legal expert has weighed in after the Queensland Coroner’s Court refused to answer questions about why it did not recommend charging the man it determined was responsible for the July 2014, death of young Gympie region mum Kirra McLoughlin.

Deputy State Coroner Jane Bentley determined in June following an inquest that Paul McDonald, 39, caused the injuries that killed Kirra – finding he beat and choked her then waited hours to call an ambulance.

Paul McDonald, who a coroner determined killed his de facto partner Kirra-Lea McLoughlin. Picture Supplied

Earlier this month a spokesperson for the Coroner’s Court did not answer questions on why there was no recommendation McDonald be charged over Kirra’s death, despite the Queensland Courts website stating a coroner “may comment on or make recommendations on anything connected with a death that relates to … the administration of justice”, among other reasons.

University of the Sunshine Coast law academic, Associate Professor Dr Kelley Burton, said “the facts of the (Kirra McLoughlin) case are complex with numerous parties”, but offered insight into coronial findings.

“A coroner finds, for example, how, when and where a person died; and provides a written copy of their findings to the family. A coroner must not state that a person is or may be guilty of an offence. These points of law come from the Coroners Act 2003 (Qld) s 45,” Dr Burton said.

“According to the State Coroner‘s Guidelines 2013 s 8.1, the coroner’s findings are determined using the civil standard of proof, that is, the balance of probabilities, and this is a stark difference to criminal proceedings, which use the higher standard of proof of beyond reasonable doubt.

USC Associate Professor of Law Dr Kelley Burton

“Further, at 8.8 in the Guidelines, a coroner must limit themselves to fact finding and not draw legal conclusions.

“If a coroner reasonably suspects that a person has committed an indictable offence (eg. murder which must go before a superior court in Queensland, that is, the Supreme Court of Queensland), the coroner must give the information to the Director of Public Prosecutions, unless it is incriminating evidence.”

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Kirra’s mother Alison Russell and high profile lawyer Peter Boyce called for an urgent review of the investigation into her death in light of the coronial findings into the 27-year-old’s death.