Graham (Kathleen) Application for Judicial Review (Leave Stage)
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Neutral Citation | [2022] NIKB 25 |
| Date | 22 November 2022 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2022] NIKB 25
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM11985
Delivered: 22/11/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY KATHLEEN GRAHAM
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
___________
Dessie Hutton KC and Aidan McGowan (instructed by Harte Coyle Collins) for the
Applicant
Tony McGleenan KC and Laura Curran (instructed by the Crown Solicitor’s Office) for
the proposed Respondent
___________
HUMPHREYS J
Introduction
[1] On 17 September 1976 Rosaleen O’Kane died in her flat at Cliftonpark
Avenue in Belfast. She was just 33 years old. Her body was discovered by members
of the fire brigade who attended the scene in the early hours of the morning as a
result of the report of a fire at the premises.
[2] An autopsy carried out by Dr Carson, Deputy State Pathologist, failed to
reveal the cause of death but noted a number of unusual features, viz:
(i) There was more than one fire in her property;
(ii) Her body was badly charred but there was no evidence of any clothing
remnants;
(iii) There was no evidence of carbon monoxide poisoning or sooty material in the
air passages which would have been consistent with death in a fire.
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