Magistrate Barnes, State Coroner, handed down his findings into the tragic death of Philip Hughes on November 4. The coronial inquiry had raised some pretty sensational headlines, particularly around the issue of sledging on that fateful day on November 25, 2014.
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Thankfully not many of us have had to deal with coronial proceedings, so it's worthwhile brushing up on their purpose. First and foremost (as the website is clear to point out) the purpose of an inquest is to make factual findings about certain kinds of deaths. It is not the purpose of the inquest to “point the finger or to lay blame”.
An inquest must take place after certain kinds of deaths, for example violent or unnatural deaths, deaths in custody or during a police operation, and relevantly after an accident or injury.
In the case of the Phil Hughes inquest, His Honour summarised its purpose saying that the inquest was “focused on providing a greater understanding of what happened on the day Phillip was fatally injured and identifying reforms and improvements to the protection of cricketers and in emergency responses”.
Ultimately His Honour makes four recommendations about reviewing the dangerous and unfair bowling laws to make them clearer, that further research should be carried out into a neck protector that can be mandated to be worn in all first class cricket matches, that there be daily medical briefings before play to refresh the emergency procedures, and umpires also be given further training in emergency procedures.
The investigation was clearly thorough and the reasons are professional and very clearly written. This is not, however why I think the findings are noteworthy. We in the legal professional are often accused of being uncaring, cold. Magistrate Barnes in his findings provides the perfect rebuttal to that. Again, the findings are professional, but the compassion and understanding inherit in the written document is worth reading.
A sample of the kinds deeply compassionate statements found includes “He was a treasured member of very close and supportive family who continue to grieve his loss deeply. I offer his family and friends sincere condolences for their terrible loss”. In speaking of those that provided Phillip with medical treatment at the ground, “all of those who responded to Phillip's injury did so selflessly and to the best of their ability. They are to be commended”.
The most moving statement comes at the end and is worth repeating in full. It comes in the context of the Hughes' family's concerns that unfair play contributed to Phillip's death. His Honour stated “it is hoped that they accept the compelling evidence that the rules were complied with; that Phillip was excelling at the crease as he so often did and that his death was a tragic accident. Nothing can undo the source of their never ending sorrow but hopefully, in the future, the knowledge that Phillip was loved and admired so many and that his death has led to changes that will make cricket safer will be of some comfort”.
In these findings we can see compassion for the family and concrete recommendations that better the safety of cricketers, rather than just the attention-grabbing (but ultimately irrelevant) headlines about sledging. That's the law serving the community, using legal expertise properly and in an effective way. Rest in peace Phillip Joel Hughes, forever 63 not out.