Bassalat's (Issam) Application (Leave stage) and in the matter of decisions of The Public Prosecution Service and District Judge (Magistrates Courts) Ranaghan
| Jurisdiction | Northern Ireland |
| Judge | Keegan LCJ |
| Judgment Date | 30 January 2023 |
| Neutral Citation | [2023] NIKB 8 |
| Date | 30 January 2023 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 8
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: KEE12051
ICOS No: 22/110378
Delivered: 30/01/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
BEFORE A DIVISIONAL COURT
___________
IN THE MATTER OF AN APPLICATION BY ISSAM BASSALAT
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF DECISIONS OF THE PUBLIC PROSECUTION
SERVICE AND DISTRICT JUDGE (MAGISTRATES COURTS) RANAGHAN
___________
Ms Campbell KC with Mr McGowan (instructed by Phoenix Law Solicitors) for the
Applicant
Dr McGleenan KC with Mr Henry (instructed by the Public Prosecution Service) for the
first Respondent
Mr Joseph Kennedy (instructed by the Departmental Solicitor) for the second Respondent
Mr Philip McAteer on behalf of the Security Service, Notice Party
___________
Before: Keegan LCJ and Treacy LJ
___________
KEEGAN LCJ (delivering the judgment of the court)
Introduction
[1] The applicant seeks leave to challenge two proposed respondents, namely the
Public Prosecution Service (“PPS”) and District Judge Ranaghan (“the District
Judge”). The target of the challenge is the District Judge’s ruling on disclosure made
on 21 October 2022. This ruling accepted that the PPS had satisfied disclosure
obligations at the committal stage. There are ancillary claims that the District Judge
has erred in preventing some questioning by counsel in relation to the alleged role of
a state agent and that M15 are investigators and therefore subject to a disclosure
obligation independent of the PPS.
2
[2] We have heard this matter on an expedited basis given the ongoing criminal
process. As to that we understand that 34 ring binders of evidence have been filed
before the District Judge. Attempts to schedule the committal began in July 2021
however it was not until October 2022 that the hearing began. We make no
assessment as to what caused this delay save to say that it is a significant period and
inimical to the administration of justice to have proceedings such as this protracted.
[3] In Northern Ireland legislative provisions for the abolition of preliminary
investigations and mixed committals have been anticipated for some time. These
provisions came into operation on 17 October 2022 and mean that committal
proceedings will only be by way of a preliminary inquiry. Therefore, victims and
witnesses cannot be called to give oral evidence at the committal hearing. The new
arrangements are outlined in sections 1 to 3 of, and the Schedule to, the Criminal
Justice (Committal Reform) Act (Northern Ireland) 2022 (“the Act”).
[4] In summary, section 1 abolishes preliminary investigations, section 2
abolishes mixed committal and section 3 and the Schedule contain amendments and
repeals consequential on sections 1 and 2 above. The provisions were commenced
by the Criminal Justice (Committal Reform) Act (Northern Ireland) 2022
(Commencement No.1) Order (Northern Ireland) 2022 and the Magistrates’ Courts
(Amendment) Rules (Northern Ireland) 2022 on 17 October 2022. Transitional
arrangements apply to cases which have been instituted on/after 17 October 2022.
In cases instituted before this date an accused will still have the right to call
witnesses at committal until these cases are phased out. Therefore, in future the type
of mixed committal taking place in this case is abolished and cases will be returned
to the Crown Court at an earlier stage.
Context
[5] Before turning to the limbs of challenge it is important to note the overall
context of this case. The applicant is one of a number of co-accused charged with
terrorist offences arising out of covert recordings of persons said to be part of the
new IRA.
[6] Dr Bassalat is a doctor aged 63 years of age, based in Scotland. The court was
informed that he has a history of campaigning for Palestine and the Palestinian
people. He was arrested on Saturday 22 August 2020 at Heathrow Airport under
section 41 of the Terrorism Act 2000. He was interviewed in relation to terrorist
offences. He was subsequently charged with a terrorism offence and now faces two
charges which are inter-related.
[7] The first charge is pursuant to section 5 of the Terrorism Act 2000, namely
engaging in conduct in preparation for giving effect to his intention of committing
acts of terrorism or assisting another to commit such acts between 31 December 2018
and 19 August 2020. The acts identified now include four elements:
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