Fionda's (Maria (A Minor)) Application by her mother and next friend Rona McDaid
| Jurisdiction | Northern Ireland |
| Judge | Treacy LJ |
| Judgment Date | 30 April 2018 |
| Neutral Citation | [2018] NIQB 40 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 30 April 2018 |
1
Neutral Citation No [2018] NIQB 40
Ref:
TRE10641
Judgment: approved by the Court for handing down
Delivered:
30/04/2018
(subject to editorial corrections)*
2017 No.32501
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
DIVISIONAL COURT (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY MARIA FIONDA
(A MINOR) BY HER MOTHER AND NEXT FRIEND RONA McDAID
FOR JUDICIAL REVIEW
AND
IN THE MATTER OF DECISIONS OF A DISTRICT JUDGE
(MAGISTRATES’ COURTS) MADE ON 30 JUNE 2016
_______
Before: Treacy LJ, Horner J and Sir Anthony Hart
_______
TREACY LJ (delivering the judgment of the court)
Introduction
[1] The applicant seeks judicial review of the decision of District Judge McCourt
sitting at Downpatrick Magistrates’ Court dated 30 June 2016 to decline the
prosecution adjournment application in respect of the prosecution against Paul Bell
and to dismiss the prosecution against Paul Bell.
[2] The District Judge has taken no active part in the proceedings. The Public
Prosecution Service (“PPS”) appeared as a notice party. Although it was the PPS
application to adjourn which was refused, leading to the dismissal of the prosecution
without any hearing, they sought to uphold the impugned decision. The defendant
Paul Bell has not taken any active part in these proceedings.
Background
[3] On 3 September 2014 the applicant, who was then an 11 year old girl was
walking with her mother in Crossgar when it is alleged Paul Bell, who was driving a
2
Range Rover Sport Jeep, mounted the pavement striking the applicant’s arm. Her
arm was not bruised but it was sore when it happened and for a while after. The
Range Rover also struck her mother’s shoulder bag. A witness statement was
recorded from the mother on 4 September 2014 and from Maria on 30 October 2014.
At the end of the mother’s statement she stated that Bell’s driving was very poor and
not acceptable. She states that she used to work for Bell and had known him for
7 years or so. She says in her statement that there is history between herself and
Paul Bell’s family which is being dealt with by solicitors.
[4] The summons to the defendant records that a complaint was made to a Lay
Magistrate on 2 March 2015 that on 3 September 2014 he drove a vehicle without
reasonable consideration for other persons, contrary to Article 12 of The Road Traffic
(Northern Ireland) Order 1995. The summons required him to appear at Dungannon
Courthouse on 18 February 2016. That was the defendant’s first appearance and at
which a not guilty plea was indicated.
[5] In an undated police document entitled “R v Paul Anthony Bell, Summary” it
is recorded:
“Police have attempted to make arrangements with the
defendant for an interview but this has not yet taken
place with the defendant last agreeing at the start of
February 2015 that he would have his solicitor contact the
Investigating Officer to arrange a suitable date and time
for interview. This to date has not happened.”
[6] It is very important to note that in late 2015 the applicant and her mother had
arranged flights and accommodation for a holiday in July 2016. The Aer Lingus
booking confirmation (13 September 2015) shows the flights which had been
arranged for the applicant and her mother from Dublin to Verona departing on 5
July 2016 and returning on 19 July 2016. The booking confirmation from Casa
Silvana (18 November 2015) Italy is for an apartment from 5 – 18 July 2016
[7] Following the defendant’s first appearance the applicant’s mother was in
phone contact with the PPS on 24 February 2016 and 25 February 2016 about the
case. As will be seen as I develop the chronology the applicant and her mother have
been assiduous in their attention to the prosecution.
[8] On 3 March 2016 the defence failed to attend court and the prosecution was
fixed for contest on 5 April 2016 [first contest date]. On 4 March 2016 the mother
was in contact with the PPS about the case and with the PSNI the following day.
[9] On 10 March 2016 at the request of the defence the first contest date was moved
from 5 April to 5 May 2016 due to “defence difficulty” with the April date. By letter
dated 14 March 2016 the minor applicant and her mother were notified that they
To continue reading
Request your trial