In the matter of an inquest into the death of Patrick Duffy - Ruling in releation to listing the inquest
| Jurisdiction | Northern Ireland |
| Judge | Her Honour Judge Bagnall |
| Judgment Date | 26 January 2024 |
| Neutral Citation | [2024] NICoroner 6 |
| Date | 26 January 2024 |
| Court | Coroners Court (NI) |
1
Neutral Citation No: [2024] NICoroner
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: [2024] NICoroner 6
ICOS No:
Delivered: 26/01/2024
IN THE CORONER’S COURT IN NORTHERN IRELAND
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BEFORE THE CORONER
HER HONOUR JUDGE BAGNALL
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IN THE MATTER OF AN INQUEST INTO THE DEATH OF PATRICK DUFFY
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RULING IN RELATION TO LISTING THE INQUEST
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Introduction
[1] This inquest is to consider the circumstances of the death of Patrick Duffy. It
is not in dispute that Mr Duffy was shot and killed on the 24 November 1978 at
2 Maureen Avenue, Derry. He was shot and killed in the course of an operation by
what is referred to as a special military unit (“SMU”).
[2] Following a process of case management, a five-year plan was devised to
efficiently timetable the hearing of legacy inquests. This inquest was allocated a
point in the plan for hearing in year 3 of 5 to be heard sometime between April 2023
and March 2024. There has been some slippage in that five-year plan but in the usual
course of events the inquests would be each been held largely in accordance with the
timetable.
[3] This inquest was assigned to me on 11 May 2022 and was opened on the
21 April 2023. I agreed to follow what has been described as a ‘modular’ approach.
In short summary, that was to enable some limited evidence to be called at a hearing
at a stage when the case was not ready for final hearing. I assessed that to be an
appropriate process which would not negatively impact on the likely timescale for
completion of the case. Moreover, I considered it important to the Next of Kin of
Mr Duffy (“the NOK”) that some evidence should be heard to ensure the case had
commenced.
[4] The first evidence hearing took place on 21 April 2023. The case was opened
by my counsel. I then received evidence from the family who gave me a very clear
pen picture of the deceased. I also heard from Mr Murphy, an engineer, who had
provided the family with a report some 20 years ago. He proved that report in
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