Balcony dad wins right to challenge inquest
A Bristol father who threw his two children off a hotel balcony, killing his son, won permission to launch a High Court challenge today against an inquest verdict of unlawful killing.
Two judges ruled John Hogan's case raised "serious points that are plainly arguable" and gave him permission to seek a judicial review.
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Hogan wants to overturn Avon coroner Paul Forrest's ruling earlier this year that his six-year-old son Liam was "unlawfully killed".
Former tiler Hogan, 34, of Bradley Stoke, pushed Liam and his two-year-old sister, Mia, before jumping himself following a row with his then wife, Natasha.
Liam died, but Mia survived the 50ft plunge from the fourth-floor balcony whilst on holiday in Crete two years ago.
The unlawful killing verdict led to a police inquiry that could open up the possibility of a new murder trial in Britain.
Hogan, acting through his sister and with the benefit of legal aid, today asked Lord Justice Dyson and Mr Justice Griffith Williams, sitting at London's High Court, for permission to seek court orders quashing the verdict.
His lawyers argued it was an irrational decision, wrong in law and based on insufficient evidence. The coroner was not represented at the hearing.
Giving permission for a judicial review, Lord Justice Dyson described it as "a tragic case".
He described how the family were holidaying at the Petra Mare Hotel at Ierapetra, Crete, in August 2006, when Liam’s death occurred.
The Hogan marriage was unhappy. Before the balcony plunge, an argument had started between the couple and the then Mrs Hogan said she intended to leave her husband and take the children with her.
The judge ruled: "In my judgment it is, to put it at its lowest, arguable that the coroner was wrong to regard Mr Hogan’s ’mens rea’ (whether or not he actually intended to commit a crime) as irrelevant (to his verdict)."
James Badenoch QC, appearing for Hogan, had argued that the evidence pointed to the conclusion that "Mr Hogan was insane within the meaning of English law" and so did not have the required mens rea, or criminal intent, to kill his son.
Alternatively, he argued the available evidence cast doubt on the issue.
Lord Justice Dyson agreed, saying two Greek psychiatrists had examined Mr Hogan. But it was not entirely clear – "at any rate to the eyes of an English lawyer" – precisely what they were saying about whether or not Mr Hogan understood what he was doing was wrong.
"It seems to me it is not possible for this court to be sure what the outcome of further exploration of the psychiatric evidence would have been, and how it would have impinged on the issue of insanity".
The judge concluded: "In my judgment this application raises serious issues which are plainly arguable and which should be thoroughly aired at a contested - as I assume it will be – judicial review hearing."
Hogan's former wife, Natasha Visser, who has married again, was not represented or present at today’s hearing, although she is listed as an "interested party" in the case.
Mr Hogan's ex-wife was ``distressed'' by the prospect of the review, her family said.
Her stepfather, Brian Chandler, added: "It is hard on Natasha who has to continue to worry about this again.
"Her priority is to help her daughter, Mia, working on her psychological recovery, as well as her own.
"It is very distressing for her to have this all dragged up again.
"But in terms of reaction to the appeal decision and Hogan, we have been advised against saying anything."
13 Comments
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by Louise, Bristol
Wednesday, November 05 2008, 1:00PM
“Thank you for your insults directed at me - nothing says so much about a person than the assumptions and insults they make of others.
At the end of the day he killed his son. Just because he has a mental illness does not mean he is blameless and should not be held accountable for his actions. Not everyone with mental illness kills their children. And yes i have had to cope with mental illness.
Doesn't matter what his wife did - she did not kill her son so in relation to her son's death yes she is blameless.”
by Anna, Bristol
Wednesday, November 05 2008, 12:42PM
“shywitch, Keynsham - I love your assumption that none of us has ever had to cope with or come into contact with mental illness. How very condescending you are..... Two other members of his family killed themselves - not their children....”
by Anon, Bristol
Wednesday, November 05 2008, 7:55AM
“Well said Shywitch. I agree entirely with your comments. Yes it was a terrible thing to happen but this man does have a mental health problem and there but for the grace of god go everybody out there! Let us not forget that his ex-wife also knew he had a mental health problem and therefore she is not entirely blameless in the whole thing. No, she did not throw her children off, no, she did not kill them etc. etc. but she probably knew the right buttons to push to get a reaction out of her ex-husband but it just didn't go the way she thought it would!”
by shywitch, Keynsham
Tuesday, November 04 2008, 7:04PM
“I really hope that none of you ever have to cope with mental illness... This man was ill. Two other members of his family killed themselves (suicide). It is obvious he came from a family that has had many mental health issues. He was not in his right mind when the incident happened. Some people do love to kick a man when he's down.
Anon... I get a feeling that it's like talking to a brick wall.”
by lorraine, brisatol uk
Tuesday, November 04 2008, 5:21PM
“to anna bristol
about 20years”
by Anon, Bristol
Tuesday, November 04 2008, 4:06PM
“And can I also point out to you un-educated bunch of people that there is a big difference between murder and what happened in this case, both legally and morally.”
by Anon, Bristo
Tuesday, November 04 2008, 4:05PM
“Louise, can I just point out that it was Natasha Hogan that called for a re-trial in the first place. The original trial in greece was done and dusted, he was sentenced to a mental institution which is the best place for him to get the help he needs. It was not only disrespectful to the justice system in Greece (which is a million times better than ours) but also pathetic.
only those ignorant to mental illness would make comments like yours.
Yes this man's actions caused his death but he did not murder him. he's not making excuses and if you ever read anything about any of the trials you will see this, he is just simply trying to correct the mistake of the British judge who deemed him a murderer.”
by Anna, Bristol
Tuesday, November 04 2008, 3:51PM
“Lorraine - what exactly is the difference of jumping off a balcony with your 2 children and throwing them off - the end result is surely the same?!?! And still results in unlawfull killing!??!?”
by lorraine, bristol uk
Tuesday, November 04 2008, 3:19PM
“lets get it right he jumped of the balcony with his son and daughter not threw them off there is a difference”
by Louise, Bristol
Tuesday, November 04 2008, 3:10PM
“This man makes me so cross it's unbelieveable.
Stop making excuses for what happened - you threw your children off a balcony. Let everyone get on with their lives and stop being so selfish in rehashing this over and over again. I think this goes to show what type of person you really are.”