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Last Updated: Monday, 10 November, 2003, 15:52 GMT
Inquest opens into hit-and-run death
James Mulligan
James Mulligan was hit by the car as he waited at a bus stop
An inquest into the hit-and-run killing of a pensioner - whose death brought calls to close a legal loophole - has opened on Tyneside.

Jimmy Mulligan, 73, was run down as he waited for a bus near his home in Gateshead, Tyne and Wear, on 1 May 2002.

The police arrested two young men, Christopher Eade and Robert Webber, then aged 18 and 20 respectively, who admitted bring in the car.

But no charges were brought against either man after it could not be established who was driving the car at the time at the time of the incident.

The decision led to an 8,000-signature petition being delivered to Downing Street calling for a change in the law.

The process is not designed to determine how a person came by their death in the context of who is guilty of their death
Terence Carney, coroner
Both men, who live in Gateshead, attended the opening day of Mr Mulligan's inquest on Monday at the invitation of the coroner who said it would be "in their own interests".

Mr Mulligan's family are considering a private prosecution depending on the outcome of the inquest.

Gateshead coroner Terence Carney, sitting at neighbouring South Tyneside Magistrates Court, told Mr Mulligan's family he was not there to determine guilt or apportion blame for his death.

He said: "I am aware of the sense of frustration and injustice which might have been engendered by decisions that have been taken in the past.

"Those decisions have been taken by people responsible for jurisdiction within other parts of the legal system.

"It's not part of my duties to determine guilt or innocence or issues of civil liabilities.

"The process is not designed to determine how a person came by their death in the context of who is guilty of their death."

The Crown Prosecution Service (CPS) has previously said it sympathised with Mr Mulligan's family but said the case could not proceed against the two arrested because there was not enough evidence.

The inquest is expected to last all week.





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SEE ALSO:
Family takes petition to Blair
08 May 03  |  Tyne/Wear
Family fight for justice
19 Dec 02  |  England
'No review' of hit-and-run death
09 Oct 02  |  England
Man dies after hit and run crash
02 May 02  |  England


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