Mum wins legal battle for dead son

12:59pm Tuesday 11th November 2008

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The mother of a British student who died mysteriously in Germany five years ago has won a landmark case to challenge the Attorney General’s decision not to grant her a new inquest.

Erica Duggan, 61, from Golders Green, has been fighting for a second inquest into the death of her 22-year-old son, Jeremiah.

The body of the Jewish student was discovered on a motorway in Wiesbaden on March 27, 2003, the same day he had earlier attended an anti-war event organised by the Schiller Institute.

The first inquest, held in November 2003, was inconclusive. The coroners court found Mr Duggan had been in a “state of terror” when he died, but the Attorney General refused to allow another inquest on the grounds there was insufficient evidence.

Appearing at the High Court in London last Wednesday, Mrs Duggan’s lawyers successfully argued the Attorney General’s refusal should be amenable to judicial review, allowing Mrs Duggan to resubmit her case to the High Court for a full hearing.

It was the first time since the Human Rights Act came into effect in 1998 that anyone has been granted the right to question a decision of the Attorney General.

Leigh Day and Co solicitor Frances Swaine, representing Mrs Duggan, said: “This was a very important judgement.

“Now we have the chance to argue our case in a full hearing with the aim of getting a full, frank and fair investigation into the death.

“We are very hopeful of a good result. We think we have an excellent case.”

Mrs Duggan said: “This is the best outcome we could have wished for. The court said we had a lot of important evidence that the original post mortem missed. I feel we made history today. But it is really shocking we have had to go through this. Why should I have to fight my own country for justice for my son?”

Mrs Duggan is convinced her son died as a result of his involvement with right-wing activist Lyndon LaRouche, whose ideas inspired the Schiller Institute.

Evidence submitted to the High Court in support of her claim included reports by three crash investigators and a forensic photographer.

The coroner’s pathologist, who carried out a post mortem examination on the body upon its return to the UK, said the injuries were consistent with being beaten around the head. Lawyers for the Attorney General said Mr Duggan’s death was properly investigated.