Henry Gargan's and Edward Butler's Application and in the matter of a decision of the Coroner concerning the inquest touching on the deaths of John Dougal, Father Noel Fitzpatrick, Patrick Butler, David McCafferty and Margaret Gargan
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 24 October 2023 |
| Neutral Citation | [2023] NIKB 103 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 103
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: COL12301
ICOS No: 23/050464/1
Delivered: 24/10/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY HENRY GARGAN AND
EDWARD BUTLER FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION OF THE CORONER CONCERNING
THE INQUEST TOUCHING THE DEATHS OF JOHN DOUGAL,
FATHER NOEL FITZPATRICK, PATRICK BUTLER, DAVID McCAFFERTY
AND MARGARET GARGAN
___________
Ms Karen Quinlivan KC with Mr Stuart McTaggart (instructed by O Muirigh Solicitors)
on behalf of the Applicants
Mr Martin O’Rourke KC with Mr Ronan Daly and Michael McCartan (instructed by the
Legacy Inquest Unit) on behalf of the proposed Respondent
___________
COLTON J
Introduction
[1] By these proceedings the applicant seeks leave to challenge the ruling of the
coroner, Mr Justice Scoffield, of 27 February 2023 in the inquest into the deaths of
Margaret Gargan, Patrick Butler, Father Noel Fitzpatrick, John Dougal and
David McCafferty on 9 July 1972 (“the Springhill Inquest”).
[2] I am obliged to counsel for their focused written and oral submissions which
facilitated an expedited hearing of this application.
[3] The first module of the inquest hearing involving evidence from civilian
eyewitnesses has commenced.
[4] The next module is due to commence on 6 November 2023.
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