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Hotel leap father ruling quashed Hotel leap father ruling quashed
(about 3 hours later)
The High Court has quashed an inquest verdict of unlawful killing in the case of a father who pushed his son to his death from a hotel balcony in Crete.The High Court has quashed an inquest verdict of unlawful killing in the case of a father who pushed his son to his death from a hotel balcony in Crete.
John Hogan, of Bradley Stoke, near Bristol, pushed Liam, six, and jumped with two-year-old daughter Mia, after an argument with his then wife. John Hogan, 34, of Bradley Stoke, near Bristol, pushed Liam, six, and jumped with two-year-old daughter Mia, after an argument with his then wife.
Coroner Paul Forrest recorded a verdict of unlawful killing in 2008 but judges asked for the case to be reconsidered.Coroner Paul Forrest recorded a verdict of unlawful killing in 2008 but judges asked for the case to be reconsidered.
They said that the question of Mr Hogan's mental state was not addressed.They said that the question of Mr Hogan's mental state was not addressed.
After the announcement, Avon Coroner Paul Forrest said: " I shall study the judgement very carefully and examine such guidelines that have been laid down." After the announcement, Avon Coroner Mr Forrest, who is currently suspended for issues unrelated to the case, said: "I shall study the judgement very carefully and examine such guidelines that have been laid down."
Two judges, at the High Court in London, ordered that the case should go back "for further consideration" and ruled that the verdict by the Avon coroner was flawed. Sir Anthony May and Mrs Justice Dobbs at the High Court in London ordered on Thursday that the case should go back "for further consideration" because the unlawful killing verdict was flawed.
The case must be held before a different coroner.
Psychiatric unitPsychiatric unit
Sir Anthony May and Mrs Justice Dobbs indicated, at a hearing in April, that a "really quite serious error of law" was made as the question of Mr Hogan's mental state "was simply not addressed." At an earlier hearing in April, the judges had indicated that a "really quite serious error of law" had been made, as the question of Mr Hogan's mental state "was simply not addressed."
The judges ruled that the case must be held before a different coroner.
Liam Hogan died and his sister was badly injured in the fallLiam Hogan died and his sister was badly injured in the fall
Mr Hogan's solicitor, Kerstin Scheel, speaking after the ruling at the High Court, said his family still mourned the loss of "much loved and greatly missed" Liam.Mr Hogan's solicitor, Kerstin Scheel, speaking after the ruling at the High Court, said his family still mourned the loss of "much loved and greatly missed" Liam.
In 2008, a Greek court found Mr Hogan, 34, not guilty of murder but ordered that he be detained in a psychiatric unit. In 2008, a Greek court found Mr Hogan not guilty of murder but ordered that he be detained in a psychiatric unit.
The Hogans had gone on holiday to Crete in August 2006 in an attempt to save their failing marriage.The Hogans had gone on holiday to Crete in August 2006 in an attempt to save their failing marriage.
The incident happened shortly before they were due to fly home.The incident happened shortly before they were due to fly home.
Liam was killed but his sister Mia survived the fall from the fourth-floor hotel balcony.Liam was killed but his sister Mia survived the fall from the fourth-floor hotel balcony.
Mr Hogan's sister, Christine O'Connor, who lives in St George, Bristol, had asked the court to overturn the unlawful killing verdict.Mr Hogan's sister, Christine O'Connor, who lives in St George, Bristol, had asked the court to overturn the unlawful killing verdict.
She said that her brother was "not in control of his actions" due to his psychotic state. She said that her brother was "not in control of his actions" because of his psychotic state.
Kerstin Scheel said: "Mr Hogan and his family were legally advised that the coroner had applied the wrong legal test in reaching his verdict at the inquest into the death of Liam and believed that an error in a matter of such enormous importance should be corrected." Ms Scheel said: "Mr Hogan and his family were legally advised that the coroner had applied the wrong legal test in reaching his verdict at the inquest into the death of Liam, and believed that an error in a matter of such enormous importance should be corrected."
Natasha Visser, John Hogan's former wife, has since remarried and is currently living in Australia. 'Clarify matters'
The Director of Public Prosecutions told the High Court on Thursday, that there would be no prosecution of Mr Hogan in the UK for murder. A spokesman for the Avon Coroner's Office said: "We welcome the judgement by the Right Honourable Sir Anthony May and the Honourable Mrs Justice Dobbs.
"We recognise that a further hearing to reconsider the verdict in the light of information relating to the mental health of Mr Hogan would help clarify matters for all parties.
"We will consider how best to proceed once we have obtained further information in relation to Mr Hogan's mental state, and will notify the parties of the arrangements as soon as possible."
Natasha Visser, Mr Hogan's former wife, has since remarried and is living in Australia.
The director of public prosecutions told the High Court on Thursday that there would be no prosecution of Mr Hogan in the UK for murder.