In the matter if an inquest into the deaths of Lawrence Joseph McNally, Anthony Patrick Doris and Michael James Ryan (Ruling on the admission of similar fact evidence)
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Neutral Citation | [2022] NICoroner 10 |
| Date | 22 September 2022 |
1
Neutral Citation No: [2022] NICoroner 10
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM12025
Delivered: 22/09/2022
IN THE CORONER’S COURT IN NORTHERN IRELAND
___________
IN THE MATTER OF AN INQUEST INTO THE DEATHS OF
LAWRENCE JOSEPH McNALLY, ANTHONY PATRICK DORIS
AND MICHAEL JAMES RYAN
___________
RULING ON THE ADMISSION OF SIMILAR FACT EVIDENCE
___________
HUMPHREYS J
Introduction
[1] In Re Deery [2017] NI Coroner 1, Colton J stated:
“[8] However as Stephens J made clear
in Re Jordan [2014] NIQB 11 at paragraph [121]:
‘An inquest which does not have the capacity
to reach a verdict 'leading to a determination of
whether the force used … was or was not
justified' would not comply with the
requirement of Article 2.’
[9] The abundance of case law on this point makes it
clear that in considering "the broad circumstances in
which the death occurred" an inquest must be capable of
leading to a determination of whether the use of lethal
force was justified. This should also lead to the further
consideration of whether the use of such force and the
operation in which it was used were regulated, planned
or controlled in such a way as to minimise to the greatest
extent possible any risk to life.”
[2] The question of whether the use of lethal force by state actors was justified is
therefore a central issue for determination in this inquest relating to the deaths at
Coagh on 3 June 1991.
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