Inquest into death of Derry girl Raychel Ferguson: Coroner rejects call to recuse himself

Last week counsel for the Ferguson family made an application for the Coroner, Mr Joe McCrisken, to recuse himself after remarks about the fact that there had already been 'a multi million pound inquiry' into the death.

Nine-year-old Raychel died the day after an operation to remove her Appendix in Altnagelvin Hospital from hyponatraemia.

Her death was one of five cases considered by the Hyponatraemia Inquiry.

On Tuesday, Mr McCrisken responded to the application made by the counsel for the next of kin.

He spoke of the circumstances in which his remarks were made and said that it appeared that the next of kin objected to the tone of his remarks.

The Coroner said that counsel for the Ferguson family seemed to be objecting to his refusal to adjourn the hearing until the senior investigating officer from the PSNI gave an update into the police investigation.

Mr McCrisken said that he did not believe there was any legal basis to sustain an allegation of bias.

He said he was committed to holding the inquest in 'a fair, thorough and impartial manner.'

He added there was no evidence he had any pre-determined view as to the outcome of the inquest.

Citing the fact counsel for the Ferguson family had praised his questioning of a medical witness he said there was no evidence of bias.

The Coroner quoted what he described as 'a fair minded, informed observer' as the test for bias either actual or apparent and said he did believe there was something to be gained from this inquest.

He outlined the exchange between himself and Mr Coyle and said 'robust judicial questions' were part and parcel of a judicial hearing.

Refusing the application to recuse himself, Mr McCrisken said he was commited to holding 'a full, fair and fearless inquest' to ascertain how Raychel Ferguson came to her death.

Raychel Ferguson died of hyponatraemia - a disturbance caused by a shortage of sodium in the body - in the Royal Victoria Hospital on June 10, 2001, two days after being admitted to Altnagelvin.

The hearing continues.