In the matter of an inquest into the deaths of Daniel Doherty and William Fleming - Ruling on an Application for Medical Excusal, Anonymity and Screening for PW 35
| Jurisdiction | Northern Ireland |
| Judge | Huddleston J |
| Judgment Date | 09 January 2024 |
| Neutral Citation | [2024] NICoroner 2 |
| Date | 09 January 2024 |
| Court | Coroners Court (NI) |
1
Neutral Citation No: [2024] NICoroner 2
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: 2024NICoroner2
ICOS No:
Delivered: 09/01/2024
IN THE CORONER’S COURT IN NORTHERN IRELAND
___________
BEFORE THE CORONER
MR JUSTICE HUDDLESTON
___________
IN THE MATTER OF AN INQUEST INTO THE DEATHS OF
DANIEL DOHERTY AND WILLIAM FLEMING
___________
RULING ON AN APPLICATION FOR MEDICAL EXCUSAL, ANONYMITY
AND SCREENING FOR PW 35
___________
Context
[1] This Ruling deals solely with the application made by PW35 for excusal from
giving evidence on medical grounds or, alternatively, for special measures in terms
of anonymity and screening in relation to his provision of evidence to the Inquest
into the deaths of Messrs Doherty & Fleming.
[2] I have received a generic assessment of the risk that is perceived to be faced
by those retired members of the security forces that have been invited to and will
give evidence. I have taken that into account in coming to my conclusions.
[3] I have already given a detailed Ruling in respect of A&S (see [2023] NI
Coroner 5) and, where relevant, rely on the legal basis which I set out there for my
approach to such applications. Broadly, consistent with my approach there, I
consider that:
(a) the security risk that prevails generally in Northern Ireland remains ‘severe’ –
as determined by the NIO in March 2023;
(b) the risk to former members of the security forces (including former police
officers) remains both subjectively and objectively something that is real and
not fanciful – adopting the terminology of Girvan LJ in Re Officer C & Ors
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