- In short: A Tasmanian mother who has been campaigning for an inquest into the death of her son has been granted her wish after a rare intervention by the attorney-general.
- What's next? No date has yet been set for the inquest, which will have coercive evidence-gathering powers to examine Jari Wise's death
Tasmania's attorney-general has intervened to direct the coroner to hold an inquest into the death of a man who died after being struck by a car driven by his former partner, overturning a court decision made just hours earlier.
CONTENT WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains the image and name of a person who has died.
Elise Archer's announcement came within three hours of a Supreme Court judge ruling against the holding of an inquest into the death of Jari Wise in 2020.
"I have personally monitored the court's proceedings and have given careful consideration to this matter while awaiting the court's decision," Ms Archer said.
"I have not made this decision lightly, but it is my sincere belief that this will assist Mr Wise's loved ones to find the answers they seek."
Asked if this was the first instance of an attorney-general intervening in this way, the Justice Department said it "is not aware of a similar direction having been made".
Mr Wise died in the early hours of February 29, 2020, when he was struck by a car on Wilmot Road, Huonville, south of Hobart.
The vehicle was driven by Melissa Oates, who was later charged with the crime of dangerous driving, as well as the offences of drink driving, and failing to stop and assist in the case of an accident.
Ms Oates pleaded guilty and was sentenced to 14 months' jail, with six months suspended, for dangerous driving, and was fined and received a disqualification from driving for the other offences.
When Oates was sentenced, the prosecution said it did not allege that Ms Oates was legally responsible for Mr Wise's death.
The court heard Mr Wise had jumped in front of her vehicle previously, but also that there was no forensic evidence indicating Mr Wise had jumped in front of Ms Oates's car on the morning he died.
After Mr Wise's death, coroner Simon Cooper started an investigation, but decided against holding an inquest — a public inquiry that would give him wide and coercive evidence-gathering powers.
Mr Wise's mother, Faith Tkalac, went to the Supreme Court to have that decision overturned, but, in a judgement handed down in Hobart on Thursday morning, Justice Michael Brett said he was "not satisfied that an inquest is necessary or desirable in the interests of justice".
'Deeply concerned' attorney-general steps in
Just after 12:30pm, Ms Archer issued a statement saying she would direct the coroner to hold an inquest.
"As Attorney-General, part of my role is non-political to act in the public interest, including taking steps to assist the court to make a decision in circumstances where there is only one party," she said.
"It was necessary for me to be a party to these proceedings to act in the public interest to assist the court to make a decision given these circumstances existed.
"I am deeply concerned and acknowledge the impact of these proceedings on the family and friends of Mr Wise."
Ms Tkalac said Ms Archer rang her before she announced she would direct the inquest.
"I honestly have no words," Ms Tkalac said.
"I'm a little bit sick in the stomach, but I’m just so relieved."
She said she and Ms Archer had been discussing the case over the past couple of weeks and that she had hoped "in my heart of hearts" that Ms Archer would intervene.
The uncertainty about whether Mr Wise jumped in front of the vehicle or not was central to Ms Tkalac's application to the Supreme Court for an inquest.
In an affidavit filed as part of her appeal against the coroner's decision, Ms Tkalac said: "It has never been established whether Jari stepped out in front of Oates' vehicle."
In his decision, Justice Brett said it appeared the Director of Public Prosecution's opinion was that "the investigation was initially directed at the possibility Ms Oates was directly responsible for Mr Wise's death, but, as the investigation unfolded, it became clear that the evidence did not support charges based on that factual basis".
Justice Brett also described the police investigation as "extremely thorough" and said Ms Tkalac's application did not suggest, apart from "limited and very general matters" anything that "would or could take the investigation further".
