Attorney-General could exercise powers in Jari Wise inquest case, Supreme Court hears
The Attorney-General can exercise her powers to direct an inquest into the roadside death of Jari Wise, the Supreme Court has heard.
Tasmania
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- Attorney-General to intervene in mother’s fight for inquest into roadside death of son Jari Wise
- Jari Wise’s grieving mother takes inquest fight to Supreme Court
ATTORNEY-General Elise Archer has the power to direct Tasmania’s Coronial Division to hold an inquest into the roadside death of Jari Wise, a court has heard.
Ms Archer has applied to intervene in a court challenge between Mr Wise’s grieving mother Faith Tkalac and Coroner Simon Cooper, who declined her request for an inquest earlier this month.
But on Tuesday, Supreme Court associate judge Stephen Holt said if Ms Archer agreed to Ms Tkalac’s request, there was no need for court action at all.
“If the Attorney-General issues a direction for an inquest, then there’s no need for any of us to be here,” he said.
“Let’s hold off to see whether the Attorney-General wishes to oppose this application.”
Ms Archer previously advised Ms Tkalac she would intervene in the case as Mr Cooper would not take an active part in the proceedings.
She said she would adopt the empty opponent’s role, “not to oppose what you seek, but rather to assist the court in making its decision”.
Mr Wise, 29, died in February last year when his on-again, off-again girlfriend Melissa Oates struck him with her car at Huonville.
Oates was not charged with causing Mr Wise’s death, but was jailed eight months for dangerous driving, drink driving and failing to stop and assist in an accident.
Ms Tkalac has called for an inquest, questioning the police investigation into her son’s death and calling for a court to establish the cause of the crash.
The matter will return to court on September 14.
Originally published as Attorney-General could exercise powers in Jari Wise inquest case, Supreme Court hears
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