The onus of proof in inquest proceedings

The onus of proof in inquest and inquiry proceedings has been a matter of some discussion in the case law. Generally in order to make a finding of fact, a presiding judge, in any proceeding other than a criminal proceeding, needs to be satisfied in accordance with the civil standard of a 'balance of probabilities'. Furthermore, cases involving inquiries and inquests have given direction on this point to presiding officials. Generally the guidance has been to indicate that protective phraseology should be adopted. Wording such as 'the evidence suggests' is recommended in order to avoid making a finding that leads directly to a conclusion of culpability. I have therefore attempted to do so wherever such phraseology is warranted.