A Kerry coroner has been granted High Court permission to pursue a case against the State after claiming that he will be removed from office by what he argues is an unlawful decision to amalgamate the four coronial districts in the county.
Dan O’Connor, of Fossa, Killarney, Co Kerry, is taking the action against the Minister for Justice over a decision last December which was made to amalgamate north and west Kerry coronial districts with the districts of south and east Kerry.
Mr O’Connor, a solicitor, is seeking an order from the High Court quashing the decision he says was made by the Minister on December 13th, 2024, and another quashing of a decision to appoint Aisling Quilter to the position of coroner for all four districts.
He submitted he was appointed deputy coroner for west Kerry in November 2020, and subsequently to the same position for north Kerry in November 2024.
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The applicant claims that every coroner is obliged by statute to appoint a person as deputy to ensure there is no disruption in services and that, pursuant to the Coroners Act, the deputy succeeds to the position of district coroner upon the retirement of their senior.
Mr O’Connor states that in advance of the compulsory retirement of the then coroner for north and west Kerry in November, confirmation was provided to the Minister of the appointment of the applicant as coroner and was acknowledged by the respondent by letter on November 20th, 2024.
However, he submits he was informed by phone just three weeks later on December 16th, 2024, that the respondent had now decided to appoint the coroner for south and east Kerry as sole coroner for all districts in the county.
Mr O’Connor claims that this occurred “on the pretext that a vacancy arose in the north and west Kerry districts which permitted an amalgamation” of all four districts.
He alleges that this meant the Minister’s “stated intentions would be to remove the applicant from office without specifying any grounds and without an opportunity to make representations under Section 15 of the Coroners Act 1962”.
The applicant says the Minister had “amalgamated the coronial districts without authority of law” and had acted “ultra vires” – beyond her power – in doing so.
Mr O’Connor is seeking a declaration from the High Court that the finding of a “vacancy” within the meaning of the Coroners Act is “irrational, illogical, unreasonable, contrary to the statutory scheme and the operation of the coroner service”.
He is also seeking a declaration from the Minister that he was deputy coroner for north and west Kerry and has acceded to the office of coroner for both districts.
At the High Court, Mr O’Connor’s counsel David Sutton SC said there was now an “urgent” situation in Kerry and the removal had left his client “baffled”.
Ms Justice Mary Rose Gearty has granted permission for Mr O’Connor to continue with his judicial review and the case appears before her again on February 4th.
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