Irish tycoon wants cocaine-related death ruling quashed

By Antoinette Connell antoinetteconnell@nationnews.com

Irishman John Paul McManus is seeking to have the verdict by Coroner Graveney Bannister that his wife Emma McManus suffered a cocaine-related death in Barbados in December 2020 quashed.

McManus, the son of Irish business tycoon and racehorse owner with the same name, through his attorneys, has filed the case against Bannister insisting that the Coroner was in breach by continuing the inquest into Emma’s death and not awaiting the outcome of an appeal in a case in which McManus had claimed, among other things, breaches by Bannister.

Attorneys Satcha Kissoon and Ravi Rajcoomar SC, in documents filed on behalf of McManus, are contending that based on a November 24, 2023 email from the office of the Deputy Solicitor General stating the Coroner had advised that “CV0093 of 2021” would be adjourned pending the outcome of appeal “CVa0110 of 2022”, this amounted to an “equitable forbearance” after he continued the inquest.

The claimant is also seeking a declaration that based on that undertaking given by the Coroner, there was a legitimate expectation that the inquest would not continue.

Among other things, McManus also wants a declaration that Bannister’s conclusion of the inquest without notice to the interested parties amounted to a breach of the principles of natural justice and was contrary to law, an abuse of power or made in bad faith; that not calling witness Dr Vicor W. Weedn, who submitted a report, was similarly an abuse of power and the delivery of the verdict was unauthorised and contrary to the Coroner’s Act.

The Emma McManus inquest began in January 2021 probing the circumstances under which she died at the couple’s home at Sandy Lane Estate in St James. It was initially halted in February upon an application by McManus’ legal team before Justice Shona Griffith, asking for a stay of the proceedings until the determination of a fixed date claim alleging a number of irregularities, including the decision to hold the inquest being ultra vires the Coroner’s Act; that the inquest was unnecessary and the Coroner had made several errors of law. The legal team also sought an order for the Coroner to provide it with all documents and expert reports, including the post mortem.

Justice Griffith ruled in January 2023 that the inquest could go on and that allegations of bias by Bannister were misconceived, while leaving the decision on whether the hearing would continue away from the media up to the Coroner. An appeal of that ruling was lodged and is pending, and it is from that the latest case against Coroner Bannister has stemmed.

Bannister delivered the verdict last September 3.

The application asks for: “A declaration that the acts of the defendant, acting in his capacity as Coroner, including his decision to render a verdict and/or to consult with unnamed persons in the rendering or prior to rending a verdict, amounted to an unlawful act by a public officer and made in bad faith with intent of injury to the family of the deceased and/or the claimant, and amounts to misfeasance in public office.”

In addition, the legal team has also filed for an order of certiorari to quash the verdict; an order that damages be quantified and paid by the defendant to the claimant, along with an order that the defendant “pay the costs of this action”.

The matter is set to be heard on Wednesday.

Kissoon noted: “The matter is sub judice but I can say that I believe there are significant errors of law here which the court must review and correct.”