Baby Jack inquest is delayed until November

The infant died at the Princess Elizabeth Hospital on the day he was born in 2014.

The inquest was scheduled to start a week on Monday and last for a fortnight with three expert witnesses giving evidence.

Jack’s death, and that of another baby, prompted an inquiry into working practices on the PEH’s Loveridge Ward.

Two senior nurses have been struck off and a third suspended for 12 months by the Nursing and Midwifery Council.

Making the application on behalf of the boy’s parents, Advocate Tim Corfield said his clients wanted to attend, but were unable to as the woman had just given birth by elective Caesarean section and was unable to travel to Guernsey.

Judge Philip Robey said the inquest would determine the cause of the baby’s death and any matters that might have contributed to it.

If the experts were of the opinion that there was no connection between the failings and the cause of death then that would be it. Factual witnesses would be called to attend at a later date if not.

He said he could always reserve his decision until the parents could attend.

Advocate Corfield said that if the court reached a decision based on the opinions of experts who had not been at the scene, and who had not participated in Jack’s care, then his clients would have been deprived of their right to participate.

Judge Robey said Advocate Corfield had had plenty of time to raise this matter before.

He [Advocate Corfield] had said at the February hearing that his client’s inability to travel in May did not prevent the inquest from taking place in June.

Advocate Corfield said his words had been that ‘it may not be a reason for the hearing not to proceed’.

Judge Robey said this was a twist of plain and simple language and asked why the application could not have been made in March.

He understood that the off-island experts had already written that time off and the cost would fall to the public purse.

Other witnesses would also incur extra cost and it could be a year until the matter could be heard.

If the experts were not prepared to commit themselves for a second time then he might have to admit their evidence by statement only which would mean no cross examination.

For Dr Susan Eckhardt, Advocate Alison Ozanne said she would need to take instructions from her client on that point.

Advocate Corfield said Health & Social Care had raised issues in terms of an adjournment which were understandable and there was only one objection which he did not know was active or not.

For midwife Tuija Roussel, who was struck off by the NMC, Advocate Clare Tee said her client’s appeal against the decision had been upheld and her case would be reheard.

Ms Roussel had had this hanging over her since January 2014 and she wanted to get on with it as soon as possible.

Advocate Corfield said the court was not being asked to determine a criminal matter or one of civil liability and a professional body had already carried out a thorough investigation.

He questioned what prejudice there would be to anyone by a short adjournment and suggested there would be none.

Judge Robey said the parties had known the basis on which the court intended to proceed since October.

He was at a complete loss as to why such gross inconvenience was being caused to all parties, and the timing of it.

But he had stated his sympathy towards baby Jack’s parents right from the start.

That had not diminished with the passage of time and he did not wish to prejudice them for failings that might not have been of their making.

The application was granted. It is hoped the inquest can be held in November.