Mother of Bessborough baby given leave for judicial review of coroner's decision

Cork City coroner refused to hold inquest into death of baby William, who died 37 days after he was born in 1960

Madeleine Bridget Marvier is challenging Cork City coroner's decision not to hold an inquest into the death of her baby boy in October 1960. File picture: Laura Hutton/RollingNews.ie

The mother of a baby who died six weeks after being born in the Bessborough Mother and Baby Home has been granted leave by the High Court to judicially review a decision by the Cork City coroner to not hold an inquest into the child's death.

The case was taken by Madeleine Bridget Marvier, who was admitted to Bessborough Mother and Baby Home in Cork on August 5, 1960, at the age of 17 years old. On October 26 of that year, she gave birth to a baby boy named William. 

The following month, he was removed to St Finbarr's Hospital on the Douglas Road in Cork, where Ms Marvier was told he died on December 2, 1960, aged 37 days old.

Mrs Marvier learned in 2019 — via the Commission to Inquire into Mother and Baby Homes — that he was interred in Carr's Hill Cemetery in Cork, which is within the Cork City coroner's district. 

Concerned as to how, in what circumstances and why William had died at such a young age, her solicitors wrote to the Cork City coroner in June 2021 requesting that he hold an inquest into his death.

The Cork City coroner responded in March 2022 and acknowledged that there was "a positive obligation" on a coroner to hold an inquest by reference to the Coroners Act 1962 section 17(1) (as amended and substituted). 

This section obliges the coroner to hold an inquest if he is of the opinion that a death "may have occurred in a violent or unnatural manner, or suddenly and from unknown causes or in a place or in circumstances which, under provisions in that behalf contained in any other enactment, require that an inquest should be held". 

Refused to hold inquest

However, he refused to hold the inquest sought by Ms Marvier on the grounds that, among other things, the registered cause of death did not support this proposition.

In October 2022, Mrs Marvier’s solicitors sent the Cork City coroner an independent consultant's report from neonatologist Dr Michael Munro. Dr Munro said his opinion was that "William’s underlying cause of death was unknown and unexpected and there is evidence that it was contributed to by neglect".

As a result, he contended that section 17 of the 1962 act was engaged and that a mandatory duty arose in relation to the holding of an inquest in relation to William’s death.

In April 2023, the Cork City coroner responded to Mrs Marvier refusing to hold an inquest into the death. He further noted it was open to Mrs Marvier to petition the Attorney General to direct him to hold an inquest into William’s death pursuant to the section 24(1) of the 1962 Act.

In the High Court on Tuesday, Judge Niamh Hyland granted Mrs Marvier leave to judicially review the decision by the Cork City Coroner.