In the matter of an inquest into the death of Leo Norney
| Jurisdiction | Northern Ireland |
| Judge | His Honour Judge McGurgan |
| Judgment Date | 30 June 2023 |
| Neutral Citation | [2023] NICoroner 11 |
| Date | 30 June 2023 |
| Court | Coroners Court (NI) |
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Neutral Citation No: [2023] NICoroner 11
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: [2023] NICoroner 11
Delivered: 30/06/2023
IN THE MATTER OF THE CORONERS ACT (NORTHERN IRELAND) 1959
IN THE MATTER OF AN INQUEST INTO THE DEATH OF
LEO NORNEY
_________
BEFORE HIS HONOUR JUDGE McGURGAN,
SITTING AS A CORONER
_________
Sections Paragraphs
Introduction [1] – [2]
The law relating to the holding of Inquests [3] – [5]
Delay in hearing evidence [15] - [16]
Case management [17] – [22]
Scope [23]
Rules of Engagement: The Yellow Card [24]
Evidence [25] – [30]
The scene [31] – [35]
Evidence from civilians [36] – [106]
Military evidence [107] – [221]
Police evidence [222] – [251]
Experts [252] – [279]
Discussion [280] – [314]
Conclusion [315] – [316]
________
Appearances
Mr Ian Skelt KC with Mr Michael McCartan BL appeared on my behalf,
instructed by Cathy Devlin, Legacy Inquest Unit (LIU);
Ms Fiona Doherty KC with Mr Andrew Moriarty BL appeared on behalf of the
Next of Kin, instructed by Fearghal Shiels, Madden and Finucane solicitors;
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Mr Mark Robinson KC with Mr David Reid BL appeared on behalf of the
Ministry of Defence (MOD) and Police Service for Northern Ireland (PSNI),
instructed by Rosemary Gilmore, Crown Solicitor’s Office (CSO);
Mr Mark Mulholland KC and Mr Michael Egan BL appeared on behalf of M1
instructed by Matthew Garbutt, Devonshires solicitors;
Mr Liam McCollum QC and Mr Andrew McGuinness BL appeared on behalf of
M2 instructed by Stephen Clarke, McCartan Turkington Breen, solicitors;
Mr Alva Brangam KC and Mr Ian Turkington BL appeared on behalf of M3
instructed by Robert Mackay McCartan Turkington Breen, solicitors.
Introduction
[1] This inquest concerns the death of Leo Anthony Norney. He was born on the 25th
April 1958 and died on the 13th September 1975 at Belfast.
[2] An inquest into his death was conducted on the 2nd September 1976 and an open
verdict recorded. The Attorney-General for Northern Ireland directed on 19th
February 2014 that a new inquest be held.
The law relating to the holding of inquests
[3] This inquest was heard by me sitting without a jury. Section 18(1) and (2) of the
Coroner’s Act (Northern Ireland) 1959 provides –
“(1) If it appears to the coroner, either before he proceeds to hold an inquest
or in the course of an inquest begun without a jury, that there is reason to
suspect that—
(a) [repealed];
(b) the death occurred in prison; or
(c) the death was caused by an accident, poisoning or disease notice of which
is required, under or in pursuance of any enactment, to be given to a
government department, or to any inspector or other officer of a government
department or to an inspector 2 appointed under Article 21 of the Health and
Safety at Work (Northern Ireland) Order 1978; or
(d) [repealed];
(e) the death occurred in circumstances the continuance or possible recurrence
of which is prejudicial to the health or safety of the public or any section of
the public;
he shall instruct the Juries Officer to summon a sufficient number of persons
in accordance with the Juries (Northern Ireland) Order 1996 to attend and be
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sworn as jurors upon such inquest at the time and place specified by the
coroner.
(2) If in any case other than those referred to in subsection (1) it appears to the
coroner, either before or in the course of an inquest begun without a jury, that
it is desirable to summon a jury, he may proceed to cause a jury to be
summoned in accordance with the said sub-section.”
[4] This provision permits a Coroner to have a jury summoned in cases falling
outside the categories set out in section 18(1), however, after consideration of the
nature of this inquest and the absence of any objection from the properly interested
persons, I decided not to summon a jury in this inquest.
[5] Rules 15, 16 and 22(1) of the Coroners (Practice and Procedure) Rules (Northern
Ireland) 1963 provide as follows –
“15. The proceedings and evidence of an inquest shall be directed solely to
ascertaining the following matters, namely:
(a) Who the deceased was;
(b) How, when and where the deceased came by his death;
(c) The particulars for the time being required by the Births and Deaths
Registration (Northern Ireland) Order 1976 to be registered concerning the
death.
16. Neither the coroner nor the jury shall express any opinion on questions of
civil or criminal liability or in any matter other than those referred to in the
last foregoing rule provided that nothing in this Rule shall preclude the
coroner or the jury from making a recommendation designed to prevent the
recurrence of fatalities similar to that in respect of which the inquest is being
held.
22. (1) After hearing the evidence the coroner, or, where the inquest is held by
a coroner with a jury, the jury, after hearing the summing up of the coroner
shall give a verdict in writing, which verdict shall, so far as such particulars
have been proved, be confined to a statement of who the deceased was, and
how, when and where he died.”
[6] The European Convention on Human Rights, as enshrined into United Kingdom
law by the Human Rights Act 1998, was not in force at the time of the death in 1975.
Whilst it is clear that the legislation does not have retrospective effect (McQuillan
[2022] AC 1063 para 165) there is clear authority that inquests taking place after the
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