Dope on the job is for dopes?

Having an obsession about death is normally a bad thing.

It’s not exactly what you would include amongst your qualities in a resume for a dating agency.  On the other hand, I suppose, it might assist if you wanted to direct a splatter movie - or fancy yourself as a Six Feet Under actor.

Being fascinated by the shrugging off of this mortal coil is also something which would help if you wanted to be a Coroner. 

Under New Zealand law, Coroners basically have two different jobs - one is to determine the cause of death in unknown circumstances (think CSI: Miami) - and the other is to review workplace fatalities to recommend change that might be adopted by industry to avoid similar tragedies in the future.

It must be very frustrating being a Coroner from time to time.  Seeing nothing but unfortunate and senseless deaths - often involving similar causes, and in similar circumstances.  What can a Coroner do to stop the madness?

A recent decision of the Coroner's Court gives some idea as to the way in which a Coroner might seek to make a difference.  In fact, the report following the inquest into the deaths of Gregory Thirkettle and Mark Scott is one of the most eloquent - and passionate – pieces of legal writing that one might come across. 

Thirkettle and Scott were the Captain and crew of a fishing vessel, Iron Maiden.  In August 2004 the pair set off on a voyage which took them around the northern tip of New Zealand.  There was a weather warning - which applied to conditions on the western side of the Island.  Further, the fishing vessel was "tender" - meaning that its relatively meagre ballast made it unstable in rough conditions.

Despite the fact that Thirkettle and Scott were both experienced fisherman, they made an inexplicable decision to take their vessel into the heart of bad weather.  What transpired can only be described as a tragedy:  the Coroner's report conjures up scenes from The Perfect Storm - and culminates similarly in an ending in which all parts of the vessel were generally battered senseless by waves and wind and, ultimately, the ship’s hull was breached.  Thirkettle and Scott both perished.

So why would two experienced fishermen allow themselves to be subjected to such terrible conditions?  The Coroner's conclusion was simple:  a post-mortem examination revealed that the Skipper had smoked the equivalent of a single joint of cannabis between one and eight hours prior to his death.  The Coroner concluded that his decision-making had been impaired - and the fatalities had been caused as a result of his poor decision-making.

The Coroner did not, however, stop there.  He used this as an opportunity to send a signal to all New Zealanders about the dangers of cannabis.  Far from being a "harmless social drug" (as some in society might think) the Coroner provided evidence to suggest that cannabis could be very dangerous indeed.  Consider, for example, the following:

  • in 1997, a study in Dunedin established that 52% of 21 year olds had used cannabis in the previous year - and that 10% were addicted to the drug;

  • the strength of cannabis cigarettes has apparently increased 15 fold over the last 30 years;

  • a joint of cannabis has the same effect as four or five standard drinks on an average person.

All of these different factors inclined the Coroner to issue a warning - and something of a plea - calling upon all relevant health authorities (and employers) to take the dangers of cannabis use seriously. 

He called for legislation forbidding the use of any type of vehicle by a person who has smoked cannabis - and recommended a different approach to "drink driving" measures to include express targeting of cannabis users. 

He also sent a message to employers to take seriously the health and safety risks which might arise in the workplace as a consequence of workers using cannabis - in doing so effectively entering the controversial debate about workplace drug testing.

It is unusual - and somewhat refreshing - to encounter a piece of legal writing that is motivated by some passion.  In this case, the Coroner used a terrible tragedy to send a strong message about the dangers associated with what might be perceived as a harmless recreational drug.