Gracey (Damien Patrick Matthew) and Sean Paul Fitzsimmons' Applications (Leave Stage)
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 15 December 2014 |
| Neutral Citation | [22014] NIQB 131 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 15 December 2014 |
1
Neutral Citation No. [2014] NIQB 131
Ref:
COG9459
Judgment: approved by the Court for handing down Delivered:
15/12/2014
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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DIVISIONAL COURT (CROWN SIDE)
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IN THE MATTER OF APPLICATIONS BY DAMIEN PATRICK MATTHEW
GRACEY AND SEAN PAUL FITZSIMMONS
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
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Before: Coghlin LJ, Gillen LJ and Weir J
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COGHLIN LJ (delivering the judgment of the court)
[1] The applications brought by the applicants Damien Gracey and
Sean Fitzsimmons are for judicial review of separate decisions taken by
District Judge (Magistrates’ Courts) Peter King (“the District Judge”) at Downpatrick
Magistrates’ Court on 19 March 2014. Mr Frank O’Donoghue QC and Mr Kyle
Gribben appeared on behalf of Damien Gracey while Sean Fitzsimmons was
represented by Mr Barry Macdonald QC and Mr Tim Jebb. Mr Henry was instructed
on behalf of the Public Prosecution Service (“PPS”). The District Judge did not enter
an appearance or swear an affidavit in the course of the proceedings. We are
grateful to all counsel for their industrious research and well-prepared written and
oral submissions which have been of considerable assistance to the court in the
course of its deliberations.
Factual background
[2] It appears that on 26 September 2013 some form of physical confrontation
developed between Damien Gracey and Sean Fitzsimmons. One of the
consequences of this confrontation was that Mr Fitzsimmons lost one of his front
teeth and Mr Gracey was charged with assault occasioning actual bodily harm
contrary to Section 47 of the Offences Against the Person Act 1861.
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