Coroner Issues Directive to Police & Health on COVID-19 Related Deaths

By Lagi Keresoma

APIA, SAMOA – 14 APRIL 2022: The Coroner, District Court Judge Alalatoa Rosella Viane Papalii has issued a Directive to the Ministry of Health and the Ministry of Police as a guide to assist them with identifying COVID-19 related deaths that are reported to the Coroner.

The directive was issued on the approval of His Honour the Chief Justice, Satiu Simativa Perese in light of the rapid spread of COVID-19 cases in Samoa and two reported deaths within a week.

Recently, the police and a doctor had different views on the death of a four months old boy released by Health medical personnel on consent of the parents. But the body was returned to the morgue by police and a post mortem recommended to the Coroner.

According to the Head of the Paediatric Ward, Papalii Dr. Tito Kamu, there was no need for a post mortem because the cause of death was known.

Although the Coroner released the body for burial, she did ask for a full medical report on whether the boy’s death was COVID-19 related.

In the Coroner’s Directive issued 5 April 2022, it highlighted the deaths that warrant reporting to the Coroner under the Coroners Act 2007.

Definition of death & reported cases under the Coroners Act 2017
According to the definition of the word “death” reportable to the Coroner in section 2 of the Coroners Act  2017, it means a death that is:

• Unknown cause of death,

• Involves suicide,

• Is unnatural,

• No medical certificate by a doctor to certify the cause of death,

• Occurs while the person was affected by anaesthetic or undergoing medical, surgical, dental or similar operation or procedures,

• Person in official custody or detained under police custody in prison or mental institution or any institution described by law for a person to be detained. It applies if the death occurred within the facility of the institution,

• Two or more deaths arising from the same incident or series of incidents including natural disaster such a tsunami,

• Person presumed dead for missing at least 7 days,

• Person presumed dead for lost at seas for 2 years,

• Occurs outside Samoa on a Samoan craft and

• Occurs outside Samoa of a citizen who has been brought back to Samoa without coronial investigation or inquest at the place of death.

Alalatoa referred other Commonwealth countries such as New Zealand and Australia suspected deaths from a pandemic such as COVID-19 qualify as a natural cause of death and this is because the cause of death is known and doctors can issue a medical certificate if,

• COVID-19 is regarded a naturally occurring disease and therefore capable of being a natural cause of death,

• A cause of death or contributory cause is not a reason on its own to refer death to the Coroner.

The same approach is adopted by the Coroners Court of Samoa as in other jurisdictions.

“In the COVID -19 related cases, if the cause of death is clear, then it is not a reportable death to the Coroner,” said Alalatoa.

“It is to be noted that where the cause of death is unclear or where there are other relevant contributing factors for the death, or where a doctor does not sign the medical certificate of Cause of Death for whatever reason, the death must be reported to the Coroner,” she clarified.

She also said that a COVID-19 death is mandatory or compulsory and is reportable to the Coroner if,

• the death is in police custody, state penal institution or mental institution regardless  whether the death occurred within the facility or institution  premise,

• the death is in care of any organization, company or charitable trusts including Goshen Trust, Samoa Victim Support Group and others,

• the person died as a result of the care they received or did not receive from a medical facility (eg) a missed diagnosis of failure to treat COVID -19,

• The death is the result of the failure to provide health care because of inadequate resourcing in the event of an overwhelming demand for critical care services.

The Directive also reminds doctors of their obligations under section 48 (2) of the Deaths, Births & Marriages Registration Act 20002 when reporting the death.

“The Ministry of Health, all doctors and the Ministry of Police are encouraged to continue to work in good faith to achieve the intents and purpose of this Directive bearing in mind the governing legislation of their respective professions,” said Alalatoa.

The Directive will be reviewed periodically based on the circumstances that arise.