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Commemoration and remembrance.

When an email arrived in my inbox asking whether I would consider accepting an invitation to speak at this Commemoration of Benefactors I have to confess I was a little surprised, but having spoken to your persuasive Dean I accepted the challenge: the theme as she set it out: “commemoration and remembrance from the perspective of the speaker”  had some appeal to me.   The list of benefactors to this college is hugely impressive and it is right that their contributions to the life and further educational work of this fine institution are commemorated and remembered.   The lives of all those who have passed through this college will have been influenced by those who came before.

Normally when speaking to a group gathered before me (hopefully) waiting to hear what I am going to say, there is an expectation - at least in the minds of some present - that one or more of those before me may be about to be sent to prison for a very long time.    I can tell you straightaway, that will not be your fate – well, at least not today!

For most of the 27 years I was in practice as a Barrister I specialised in criminal law and cases of serious or complex fraud.   Twelve years ago, in July 2012, I was appointed as a full-time judge and for much of the time since, the court work I have undertaken has involved death.      

Judges have to be ‘ticketed’ or authorised to do certain types of work requiring a form of training and accreditation.   You will be pleased to know that there are no badges added to our uniform or robes to mark what we can, or cannot do.

About 9 months into my stint as a permanent judge, in early 2013, I was ‘ticketed’ to deal with what are termed class 1 cases: primarily, murder and manslaughter.   That was then my staple diet of work here in the Crown Court just a stone’s throw away from where we are now, in East Road, Cambridge.  

In April 2015, at the request of the then Presiding Judge for London and the South-East, I went to sit at the Old Bailey where the work comprises little else other than class 1 work.   My move there was as for an initial secondment of 3 months.   How 3 months has become almost 10 years is another story – and not for today.  

In 2016, I was appointed as the Chief Coroner of England & Wales and between October that year and December 2020, combined roles of an Old Bailey judge and Chief Coroner.  

A coroner is a judge charged with investigating unlawful or unexplained deaths.    The office of coroner has existed for about 1,000 years.   Evidence of the office dates to the reign of Richard I in 1194, but it may well have earlier origins.   This college, albeit with ancient origins, is a comparative youngster!    The role of coroner has developed and changed over the centuries.   Initially the office was closely connected to revenue collection on behalf of the monarch, but as time went by, it focussed more on causes of death.   Now there are some 120 full-time and 300 part-time coroners covering all of England & Wales: each an independent judicial office holder overseeing investigations into deaths in the geographical area where they have responsibility.    

9.    Just to complicate the biographical details for one second, in April 2020, I was appointed additionally as the Recorder of London, the Senior judge at the Old Bailey and of course, we were all in the early stages of the first lockdown for Covid.  

Part of the role of the Chief Coroner is to devise and lead coroner training: seeking to ensure all in post are trained in the law, kept abreast of new developments and adopt best practice.  

At one coroner training event we ran a module on ‘If I could chose, what would be THE best way to die?’    I should make clear, nothing to do with any debate on assisted dying!   The session began with the speaker asking those coroners present if they could choose how they were to die, what would they opt for.   Slips were filled in and then placed in a box.    You will, I hope, appreciate that a healthy dose of gallows humour is essential for the role of coroner.  

There were a number of interesting choices, but the most popular was this: in my sleep, at a good age, whilst still in charge of my faculties and not a burden to my family, and where my death will not need to be referred to a coroner.   Interesting you may think that coroners were seeking to do their successors out of a job!  

Behind this initial, slightly frivolous question was the more serious part of the training about how, in a coroner investigation or at an inquest, we can best ensure that the deceased and the family of the deceased, feel involved and engaged in the process:  the deceased and their loved ones are not just another case or made to feel like an exhibit in a court hearing.   One complaint made by the public is that their loved one can sometimes appear to be forgotten in the melee of lawyers arguing over the rights and wrongs and, perhaps more of a concern, memories of their loved one feel tarnished.    

During my stint as Chief Coroner there were some important critical reviews of coroners and inquests.   These included a report published in October 2017 by, as she then was, Dame Elish Angiolini into serious incidents and deaths in custody, and a report by Bishop James Jones, in November 2017, entitled:  “The patronising disposition of unaccountable power” on the Hillsborough Inquests, focusing on concerns of families in the aftermath of the disaster, experiences through the first inquests and then experiences through the more recently concluded, fresh inquests.   Part of my approach to all criticisms made, and arguably correctly made, in these reports, was to engage with the authors in the delivery of training for coroners.  Both, I am pleased to say, did so.   Lady Angiolini, as she now is, was interviewed at length by a senior coroner and we used the video for all coroner training.   Bishop James addressed all the salaried coroners at a national conference.      

One image in my mind of the word ‘remember’ comes from a homily I heard in a Catholic Church here in Cambridge when the priest spoke of putting back together something broken – a physical ‘re-membering’ (putting back on the arms and legs) - perhaps we do that in our minds when we think back to a lost loved one, making them whole - and how we remember them.   It had particular resonance for me listening to him speak in the light of what I have said about coroners.

I was pleased that one of the final pieces of work completed before handing on the reins as Chief Coroner at the end of 2020, was guidance on what have been called ‘pen portraits’.    There are four key questions of fact to be resolved at an inquest: who was the deceased, when did they come by their death, where did they die and how – meaning in what circumstances – did they come by their death?    It seemed to me in drafting guidance that an appropriate ‘pen portrait’ assists in that first question – the ‘who’ and gives an opportunity for commemorating and remembering the person who lost their life at the coroner’s proceedings, to humanise the process and give dignity to the bereaved.  

Pen portraits take various forms.   In 2018 and 2019 I presided over Inquests into the deaths of those killed in the terror attack on Westminster Bridge in March 2017, and the terror attack on London Bridge and at Borough Market in June that same year.   Many of the victims of both attacks were in the UK as tourists.   In the opening of the Inquests for those killed on London Bridge or in Borough Market, I set the scene and referred to what was happening on a typical, busy day in the London where some were out for the evening to watch on screens, the Champions League final.   In a 10 minute period that warm June evening, 8 were killed and 18 seriously injured, by 3 attackers.

When it came to ‘pen portraits’, the partner of one of those killed by the attackers spoke about their romantic trip on Eurostar and their arrival in London that Saturday afternoon.   Both had been in previous relationships, but had found a new love in each other.   Whilst visiting London landmarks, she had spoken to her daughter and he to his son, before they were then on London Bridge.   She gave a very moving tribute to her partner which finished with affirmation of their love for each other and that in her eyes, nothing would destroy the connection they had: in her words:  “love is stronger than anything”.   An echo of those poignant words of Philip Larkin at the end of An Arundel Tomb, – what will survive of us is love.  Another of those killed was a French man working as a waiter in one of the many restaurants in Borough Market.  His ‘pen portrait’ comprised a photo and video compilation set to music he had composed.   The father sat each day in my courtroom watching and listening intently to the evidence as to what had happened that day, and to his son in particular.   An off-duty nurse who had done all she could to assist this man’s son before he died gave some of the most moving testimony I have heard in a court.

In 2021, I presided over Inquests arising from the terror attack at Fishmongers’ Hall on 29th November 2019.  Similar issues arose.    It was clear to me that a key point was this: do I want my relative to be remembered as a victim of one of these atrocities or do I wish them to be remembered for what they did in their life - whether that be long or short?

Some deaths can require a very careful examination of the causes and raise the spectre of a second, or even, a third post-mortem examination.   Whilst important to ensure a person charged with causing death has the ability to properly test the evidence they face, the consequent delay to the release of a body for burial or cremation and the additional anxiety and concern raised by families in such cases caused me, with other coroners, to challenge pathologists on whether more than one post-mortem examination was really required.   Again, one of the successes (I hope) of my time as Chief Coroner was guidance seeking to stop multiple post-mortems.  

When I pass sentence in the Crown Court, it is my normal practice to include something of the victim personal statements that have been prepared.   The decision on the sentence to be passed is that of the judge, but it is important to reflect a sense of the loss suffered by loved ones.   I was particularly moved by one victim personal statement from a few years ago.   I had to pass sentence on a man who had killed one person and very seriously wounded another in random attacks.   The defendant, aged 39 at the time of sentence had a long history of psychiatric issues going back 20 years.  The events took place in January 2016 and over 20 months later I passed sentence.   The deceased had left home to start his first day of what he had described as his dream job: teaching at university.   His family observed that the very lengthy period between death, release of the body and their ability to arrange a suitable funeral, had prolonged the trauma and devastation they felt.   The victim personal statement said: “words are inadequate to describe Dan’s death and impact: he was so loved, and is greatly missed.   We are concerned that in this process Dan has been lost and forgotten about”.   I sought in dealing with the case to make sure he was not forgotten.

May I conclude and leave you with this thought? Whilst we commemorate, remember and give thanks for those who have enhanced the work of this place through their gifts, whether they be financial or educational, we also do not forget all whose lives, long or short, have enhanced our own - as we heard from Ecclesiasticus:  “Their bodies are buried in peace: but their name liveth for evermore.”  

Amen

ML 16.11.24