Howard’s (Robert) Application
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 06 December 2011 |
| Neutral Citation | [2011] NIQB 125 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 06 December 2011 |
1
Neutral Citation No: [2011] NIQB 125 Ref:
TRE8382
Judgment: approved by the Court for handing down Delivered:
6/12/2011
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY ROBERT HOWARD FOR
JUDICIAL REVIEW
AND
IN THE MATTER OF DECISIONS OF THE SENIOR CORONER
Howard’s Application [2011] NIQB 125
________
TREACY J
Introduction
[1] This applicant is a convicted child murderer. The background to the present
case is that he was originally arrested and interviewed in relation to the suspected
murder of Arlene Arkinson in September 1994. This young girl disappeared without
trace on 13 August 1994 and has never been seen since. She is now widely assumed
to be dead, though no official finding to that effect has ever been made by any
lawfully constituted authority. The applicant was one of the last people to be seen
with Arlene before her disappearance. Upon questioning he denied all allegations
and was subsequently released without charge.
[2] In 2002 the applicant was tried and convicted for the murder of a different
young girl, Hannah Williams, in England. Following his detention for that murder
he was re-arrested and tried in relation to the suspected murder of Arlene Arkinson
in 1994. At this trial the jury was told nothing about the character of the applicant.
They therefore knew nothing about his previous conviction for the murder of
Hannah Williams. Nor did they know that at the time Arlene disappeared, he was
on bail for the rape and buggery of another child, or that he was subsequently
convicted of unlawful carnal knowledge in that case. At the trial in relation to
Arlene’s murder, the applicant chose not to give evidence on his own behalf. Since
Arlene’s body was never found, one of the issues explored by his defence was the
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7 cases
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McQuillan's (Margaret) Application
...considered in McCaughey’s (Brigid) Application [2012] NIQB 20, O’Connor & Broderick’s Application [2005] NIQB 40, Howard’s Application [2011] NIQB 125, Brigid Hughes’ Application [2018] NIQB 30 at paragraphs 25-26 and McDonnell’s (Elizabeth) Application [2015] NICA 72 at paragraph 15. As a ......
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Jordan’s (Hugh) Application and in the matter of a decision taken by the Coroner of Northern Ireland
...to the public, of legal proceedings and the risk of delay. I see that Treacy J expressed similar sentiments in Howard’s Application [2011] NIQB 125 at [37]. [37] Lord Bingham in Jordan v Lord Chancellor [2007] NI 214, 216 at [41] wrote of “the forthcoming, but lamentably delayed, inquest”. ......
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McMahon’s (Aine) Application (Leave stage)
...of the death had been made publicly known.’ 22. To similar effect I was referred to the decision of this court in Re Robert Howard[2011] NIQB 125 and in particular paras 23 to 27 which are relevant both as to the nature of the Coroner's discretion to hold an inquest as well as the recogniti......
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In the matter of an inquest into the death of Caragh Walsh
...had, and that the circumstances of the death had been made publicly known by this means [emphasis added]…” [59] The case of Re: Howard [2011] NIQB 125 involved a challenge brought by Robert Howard to the decision of a coroner to hold an inquest into the death of Arlene Arkinson following hi......
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