Cork maternal death inquest adjourned as family seek judicial review

Inquest into death of Geraldine Yankeu at Cork University Maternity Hospital following death of her stillborn daughter was due to take place on April 18

In August 2022, the Irish Examiner quoted the Cork city coroner Philip Comyn's office as saying the deaths of both Geraldine Yankeu and her daughter Mary 'were treated as natural and no inquest was required'.

An inquest into the death of a woman following a stillbirth in Cork will not go ahead next week after a request from her family to seek a judicial review was granted by the High Court.

Geraldine Yankeu, 31, died at Cork University Maternity Hospital in August 2021, following the birth of her stillborn daughter Mary. Both were taken to Ms Yankeu’s native Cameroon for burial.

In August 2022, the Irish Examiner quoted the Cork city coroner Philip Comyn's office as saying the deaths of both Geraldine Yankeu and her daughter Mary “were treated as natural and no inquest was required”. 

However, the 2019 Coroners Act made inquests mandatory for maternal deaths, and an inquest into the death of Ms Yankeu was scheduled to take place next Tuesday, April 18.

Derek Shortall SC told the High Court the Irish Examiner had taken up the matter and pointed out to the coroner that an inquest was mandatory where a death arises in maternity.

The Cork city coroner then determined to hold an inquest, he said.

Mr Shortall said the coroner refused to give reasons why he initially ruled that no inquest was required, and he should now be recused from subsequent proceedings in relation to the inquest.

The coroner has been asked for very good reasons to recuse himself. He's also been asked for multiple reasons to give an adjournment to the family and has refused all those requests, and has refused to bring in an independent expert. 

"In all of these refusals, he is not giving any reasons. He has already stated in writing that he believes the death was by natural causes," he told the court.

"It did appear that an adjournment was going to be given and then he just changed his mind apparently and said it is going ahead on April 18. There are multiple letters written between February and April, all making reasonable requests and explaining why there should be an adjournment, and also requesting that he consider recusing himself," he added.

Mr Shortall pointed to 2021 case law where the court points out that one of the bases for recusal is if the decision-maker has made a predetermination of the matter. 

"In this case, the respondent has already said in writing that he believed that the death was by natural causes... There are multiple breaches in my respectful submission of fair procedures outside of the recusal issue that would warrant a stay," he said.

Ms Yankeu's family requested a stay on the inquest and leave for judicial review.

Justice Brian Cregan said he was satisfied it was appropriate to make an injunction on the April 18 inquest and any further date unless ordered by the High Court. Leave was granted to the applicant to issue judicial review proceedings. 

The case was adjourned to June 19 for mention on the High Court's judicial review list.