Application by Anne Neill for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Neutral Citation | [2008] NIQB 7 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 21 January 2008 |
1
Neutral Citation no. [2008] NIQB 7 Ref:
WEA7036
Judgment: approved by the Court for handing down Delivered:
21/01/2008
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
AN APPLICATION BY ANNE NEILL FOR JUDICIAL REVIEW
________
WEATHERUP J
[1] The Police Service of Northern Ireland (PSNI), as respondent on this
application for judicial review, applies for an Order setting aside the grant of
leave to the applicant to apply for judicial review of decisions on the PSNI.
Leave was granted to the applicant 13 February 2007 in respect of the
decisions of the PSNI (i) not to prosecute Patrick McCann in respect of
allegations of assault and making a threat to kill the applicant and (ii) refusing
to provide any or adequate reasons for the decision not to prosecute Patrick
McCann. Mr McMillen appeared for the respondent and Mr Sayers for the
applicant.
[2] By the affidavit filed on behalf of the applicant she was involved in an
incident with Patrick McCann at the Castle Bar, Coleraine on 18 March 2006.
As a result of that incident the applicant received summonses alleging assault
and criminal damage, although the matters did not proceed. The applicant
complained to police that she had been the subject of an assault and threat to
kill made by Patrick McCann. The applicant became aware that Patrick
McCann was not to be prosecuted for any offences arising out of the
applicant’s complaint.
[3] The applicant’s solicitor wrote to the PSNI indicating a belief that
Patrick McCann had made formal admissions, during interview, of having
threatened to kill the applicant and that the threats had been witnessed by
police officers attending the scene. In those circumstances the applicant’s
solicitors asked for the reason that there would be no prosecution of Patrick
McCann. Correspondence from PSNI indicated that the decision to take no
further police action was directed by the Central Process Office at Strandtown
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