Prevention of Future Deaths reports · 2021
Regulation 28 report to prevent future deaths, reference 2021-0198, written 10 Jun 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 10 Jun 2021 |
|---|---|
| Reference | 2021-0198 |
| Deceased | Emiel Malinski |
| Coroner | Chris Morris |
| Coroner area | Manchester South |
| Category | Product related deaths · Other related deaths · Suicide (from 2015) |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: Priti Patel MP, Secretary of State for the Home Department 1 CORONER I am Chris Morris, Area Coroner for Manchester South. 2 CORONER’S LEGAL POWERS I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 http://www.legislation.gov.uk/uksi/2013/1629/part/7/made 3 INVESTIGATION and INQUEST On 16th November 2020, I opened an inquest into the death of Emiel Ariel Malinski who died on 2nd November 2020 at Salford Royal Hospital, aged 29 years. The investigation concluded at the end of the inquest which I heard on 8th June 2021. A doctor treating Mr Malinski confirmed that he had died as a consequence of: 1)a) Traumatic brain injury; due to 1)b) Gun shot injury to the head. By way of conclusion, I recorded that Mr Malinski died as a consequence of suicide. 4 CIRCUMSTANCES OF THE DEATH Mr Malinski was an air-rifle owner who used to frequent a shooting range at Weir Mill, Moseley, Tameside. The range in question constitutes a ‘Miniature Rifle Range’ for the purposes of s11 (4) Firearms Act 1968. On 2nd November 2020, Mr Malinski attended the range with his air-rifle. Later in the day, Mr Malinski was loaned a semi-automatic Hammerli Tac1 22 rim fire rifle to shoot, and supplied with 50 rounds of 0.22 calibre ammunition. Whilst alone on the range, Mr Malinski turned the rifle on himself and fired a shot in the direction of his right temple. Mr Malinski received prompt first aid and emergency services were quickly summoned, however died later in hospital as a consequence of the gun shot. 1 A Greater Manchester Police investigation concluded there were no suspicious circumstances, nor any suggestion of third party involvement in respect of his death. 5 CORONER’S CONCERNS During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is my statutory duty to report to you The MATTERS OF CONCERN are as follows. – It is a matter of concern that the continued existence and operation of s11 (4) Firearms Act 1968 enables miniature rifle ranges to operate within only minimal regulation, with attendees able to fire miniature rifles and ammunition not exceeding .23 calibre and air weapons in a largely unregulated environment. In addition, it is a matter of particular concern that the following specific requirements do not currently apply to miniature rifle ranges: 1) Requirement for the user to sign a prohibited person (Section 21) declaration on each and every visit; 2) Requirement for the weapon to be securely tethered so that any projectile discharged from it can only be ‘down range’; 3) Requirement for a competent Range Conducting Officer (‘RCO’) to be present on the range at all times to enable effective supervision of the shooter; 4) Requirement for the weapon to be loaded for the customer by the RCO or other member of staff so ammunition may be accounted for; 5) Requirement for the RCO or other member of staff present to be first aid trained with a first aid kit present; 6) Requirement for any weapon or ammunition used on the range to be kept secure, controlled and supervised by a member of staff at all times. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you and your organisation have the power to take such action. 7 YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by 5th August 2021. I, the coroner, may extend the period. Your response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise you must explain why no action is proposed 2 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner and on behalf of Mr Malinski’s family. I have also sent a copy to Manchester Police, who may find it useful or of interest. , Firearms Manager at Greater I am also under a duty to send the Chief Coroner a copy of your response. The Chief Coroner may publish either or both in a complete or redacted or summary form. He may send a copy of this report to any person who he believes may find it useful or of interest. You may make representations to me, the coroner, at the time of your response, about the release or the publication of your response by the Chief Coroner. 9 Dated: 10th June 2021 Signature: Chris Morris HM Area Coroner, Manchester South. 3
1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
Kit Malthouse MP Minister of State for Crime and Policing. 2 Marsham Street London SW1P 4DF www.gov.uk/home-office Christopher Morris HM Area Coroner, Manchester South. Coroner's Court 1 Mount Tabor Street Stockport SK1 3AG By email only 16 August 2021 Dear Mr Morris Thank you for your letter of 10 June to the Home Secretary which enclosed your Regulation 28 Report, following the sad death of Mr Emiel Ariel Malinski who died on 2 November 2020 at Salford Royal Hospital as the result of a gunshot injury to the head. I am replying as the Minister of State for Crime and Policing. In your Report you raise concerns about the manner in which Mr Malinski was able to obtain the firearm he used while shooting, without supervision, at a miniature rifle range. You set out in your Report a number of requirements which do not currently apply to such rifle ranges. The shooting range used by Mr Malinski at Weir Mill, Tameside, operates under the exemption from the firearms licensing legislation afforded by section 11(4) of the Firearms Act 1968, which applies to miniature rifle ranges and shooting galleries. While this exemption is widely used to introduce people to target shooting, we are already reviewing the exemption, because of the risks that it can pose to public safety, which this sad case demonstrates all too clearly. We included proposals on tightening the controls that apply to miniature rifle ranges as part of a public consultation that we ran on a range of issues relating to the safety of firearms between 24 November 2020 and 16 February 2021. Although the consultation is now closed, it can still be accessed through the following link: Firearms safety - GOV.UK (www.gov.uk). As you will see, the consultation sought views on introducing new controls on this type of rifle range, including specifying that the operator of the range must have a firearms licence which has been granted by police following safety and suitability checks. The consultation attracted more than 12,000 responses which the Government is now carefully considering before deciding what further measures may be needed to tighten the controls on miniature rifle ranges, as well as in relation to the other issues considered in the consultation. We will use the outcomes of the consultation to explore the scope for restricting the use of licensing exemptions contained within the existing firearms legislation to prevent further deaths or injuries, while retaining some of the benefits of that arise from the exemption. We will contact you again when we publish the outcomes of the consultation. Kit Malthouse MP Minister of State for Crime and Policing
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