Tasmanian Attorney-General overturns Supreme Court decision, orders coronial inquest into death of Jari Wise

Callan Morse
Callan Morse Published May 5, 2023 at 10.22am (AWST)

Tasmanian Attorney-General Elise Archer has ordered the coroner to hold an inquest into the death of Wadi Wadi and Wamba Wamba man Jari Wise just hours after a Supreme Court judge ruled one out.

Ms Archer's decision was announced within three hours of a Supreme Court judge ruling out an inquest into the death of Mr Wise, who was hit by a car in February 2020 in Huonville, south of Hobart.

"I have personally monitored the Court's proceedings and have given careful consideration to this matter while awaiting the Court's decision," Ms Archer said.

"I have not made this decision lightly, but it is my sincere belief that this will assist Mr Wise's loved ones to find the answers that they seek."

Mr Wise died after being hit by a car in the early hours of February 29 2020, which was being driven by his then partner Melissa Oates.

Ms Oates was charged and pleaded guilty to dangerous driving, drink driving and failing to stop and assist in the case of an accident.

Faith Tkalac, had previously launched legal action against the coroner in her push for an inquest into her son's death.

Faith Tkalac had previously launched legal action against the coroner in her push for an inquest into her son's death. (Image: Loretta Lohberger/ABC)

She was sentenced to 14 months jail, including six suspended, however no legal responsibility for Mr Wise's death was attributed to Ms Oates.

"I am deeply concerned and acknowledge the impact of these proceedings on the family and friends of Mr Wise," Ms Archer said in a statement following the Supreme Court decision.

"As Attorney-General, part of my role is non-political to act in the public interest, including taking steps to assist the Court to make a decision in circumstances where there is only one party.

"It was necessary for me to be a party to these proceedings to act in the public interest to assist the Court to make a decision given these circumstances existed."

Before making the announcement, Ms Archer contacted Mr Wise's mother, Faith Tkalac who has been campaigned for years for an inquest into the death of her son.

Supporters of an inquest into Mr Wise's death could be seen outside the Supreme Court in Hobart when the decision was handed down.

Supporters of an inquest into Mr Wise's death could be seen outside the Supreme Court in Hobart when the decision was handed down. (Image: The Mercury)

She said following conversations with Ms Archer preceding intervention, Ms Tkalac had hoped "in my heart of hearts" that the attorney-general would intervene.

"I honestly have no words," Ms Tkalac told the ABC.

"I'm a little bit sick in the stomach, but I'm just so relieved."

Although Supreme Court judge Michael Brett had previously ruled out an inquest into Mr Wise's death, stating would not be in the interests of justice, Ms Archer said an inquest was in the public interest.

The Justice Department said it "is not aware of a similar direction having been made" in the past.

No date has been set for the inquest into Mr Wise's death.

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