Frizzell, Patrick and Chief Constable of the Police Service of Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Keegan LCJ,McCloskey LJ |
| Judgment Date | 24 March 2022 |
| Neutral Citation | [2022] NICA 14 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 24 March 2022 |
Neutral Citation No: [2022] NICA 14
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC11802 &
KEE11782
ICOS No: 21/013688/01/A01
Delivered: 24/03/2022
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
BETWEEN:
PATRICK FRIZZELL
Appellant:
-and-
CHIEF CONSTABLE OF THE POLICE SERVICE OF NORTHERN IRELAND
Respondent:
________
Mr Hugh Southey QC with Mr Nick Scott of counsel (instructed by KRW Law) for the
Appellant
Mr Tony McGleenan QC with Mr Philip Henry of counsel (instructed by the Crown
Solicitor’s Office) for the Proposed Respondent (DPP)
_________
Before: Keegan LCJ, McCloskey LJ and Maguire LJ
________
Keegan LCJ and McCloskey LJ (delivering the judgment of the court)
Introduction
[1] This is an appeal from a refusal of leave to apply for judicial review contained
in the decision of McFarland J on 24 May 2021. The essence of the challenge is an
alleged failure to provide reasons to the appellant by the Legacy Investigations Branch
(“LIB”) of the Police Service of Northern Ireland (“PSNI”) in relation to the progress
of an investigation into the death of the appellant’s brother. Since the judgment at first
instance the Supreme Court has delivered its judgment in the case of Re McQuillan and
Others [2021] UKSC 55. As a result of this there is no point now taken by the appellant
in relation to compliance with the investigative obligation pursuant to Article 2 of the
European Convention on Human Rights (“ECHR”).
[2] This case concerns the tragic death of the appellant’s brother, Mr Brian Frizzell,
who in 1991 was killed along with two teenage girls who were working in a mobile
shop. The killings were investigated contemporaneously resulting in the conviction
of James Harper for murder which was upheld on appeal. This conviction was on the
basis of admissions made at interview that Harper had driven the gunman to and
from the shop.
Chronology
The parties have helpfully provided a schedule of agreed material facts as follows:
Circumstances of the murder of Mr Frizzell
(i) On 20 March 1991 the appellant’s brother was shot dead alongside two teenage
girls, Catriona Rainey and Eileen Duffy, in a mobile shop in which they
worked.
(ii) The incident in which Mr Frizzell was killed was the subject of a
contemporaneous investigation.
(iii) The only man convicted in relation to the killings was James Thomas Harper
who was the getaway driver on the night of the murders.
(iv) As cited in the Court of Appeal judgment following Harper’s appeal against
conviction, Harper said during police interviews that Alan Oliver was the man
who carried out the shootings which killed the appellant’s brother and that
Anthony McNeill was also involved. Harper also stated that Billy Wright and
Mark ‘Swinger’ Fulton were both involved in the plan to carry out the killing.
(v) Alan Oliver and Anthony McNeill are still alive. Billy Wright and
Mark ‘Swinger’ Fulton are deceased.
(vi) The murder of Mr Frizzell was the subject of an investigation by the Historical
Inquiries Team (“HET”) and a Review Summary Report (“RSR”) was provided
to Mr Frizzell on 1 June 2011. Following matters raised by the family in respect
of the RSR, the case was marked for further review.
Legacy Investigation Branch Case Sequencing Model
(vii) The LIB is the present unit within the PSNI responsible for legacy cases, which
includes reviewing the circumstances of all Troubles related deaths in Northern
Ireland and conducting investigations into such deaths, if there is sufficient
evidence to do so.
(viii) In and around December 2020 LIB were reviewing around 1,130 cases.
(ix) The reviews are prioritised according to the case sequencing model (“CSM”)
operated by LIB.
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4 cases
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Graham (Kathleen) Application for Judicial Review (Leave Stage)
...by the PSNI rests with the Case Sequencing Model adopted by the LIB. The Court of Appeal recently stressed in Re Frizzell’s Application [2022] NICA 14 that the ambit of any judicial review challenge to the operative workings of a police investigatory process must necessarily be limited. The......
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McEvoy (John) Application for Judicial Review
...lacks the capacity to be effective. [46] In respect of the CSM, reliance is placed on the recent Court of Appeal decision in Re Frizzell [2022] NICA 14 in which it was recognised there were very many cases competing for the allocation of finite resources and the scheme should avoid the crea......
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Stuart (Colin) Application for Judicial Review
...then equally I find no basis to impeach the respondent’s analysis. As was recognised by the Court of Appeal in Re Frizzell’s Application [2022] NICA 14: “The standard for judicial review in a case such as this is obviously a formidable one given that it concerns the decision making of a pub......
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McAreavey (Patrick) Application for Judicial Review (Leave Stage)
...the inquest and the military logs. It is manifestly not an irrational decision. [47] The Court of Appeal in Re Frizzell’s Application [2022] NICA 14 confirmed that the standard of review applicable to operational policing decisions is “obviously a formidable one” which “correlates with the ......