In the matter of an inquest touching on the death of Hugh Gerard Coney - Ruling on whether Article 2 applies to the Inquest
| Jurisdiction | Northern Ireland |
| Judge | Mrs Toal |
| Judgment Date | 15 January 2024 |
| Neutral Citation | [2024] NICoroner 5 |
| Date | 15 January 2024 |
| Court | Coroners Court (NI) |
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Neutral Citation No: [2024] NICoroner 5
Judgment: approved by the court for handing down
(subject to editorial corrections and proofing prior to publication)*
Ref: [2024] NICoroner 5
Delivered: 15/01/2024
IN THE CORONERS COURT FOR NORTHERN IRELAND
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CORONER ANNE-LOUISE TOAL
IN THE MATTER OF AN INQUEST TOUCHING THE DEATH OF
HUGH GERARD CONEY
__________
RULING ON WHETHER ARTICLE 2 APPLIES TO THE INQUEST
__________
Introduction
[1] Hugh Gerard Coney (“the deceased”), a detainee at the Maze/Long Kesh
internment camp, died on 6 November 1974, as a result of injuries he received when
he was struck by a bullet whilst attempting to escape with a number of other
detainees. This inquest will, by virtue of my ruling of 18 April 2023, be heard by a
jury who will be directed to address the four statutory questions as set out at Rule 15
of the Coroners (Practice and Procedure) Rules (NI) 1963 (“the 1963 Rules”).
[2] In light of that ruling, I requested submissions on any adjustments that may
be required given that the matter would be heard by a jury rather than a Coroner
sitting alone. This is the first legacy inquest which will be heard by a jury in a
considerable period, and the first since the five year plan and legacy inquest case
management and witness protocols were introduced.
[3] An issue was raised in the submissions provided on behalf of the MOD, PSNI
and NIPS, which are Properly Interested Persons (PIPs), as to whether the
procedural duty within article 2 was now engaged in the inquest in light of the
Supreme Court decision in McQuillan
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and how this may relate to both the questions
the jury would be asked to address and the proposed scope of the inquest.
[4] In the intervening period the decision of the Supreme Court in Dalton
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was
handed down, on 18 October 2023. It dealt with article 2 in the realm of legacy
inquests. Therefore, I gave the PIPs a further opportunity to supplement their
written submissions in light of what was said in that judgment.
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