In the matter of an inquest into the deaths of John Dougal, Patrick Butler, Noel Fitzpatrick, David McCafferty and Margaret Gargan (The Springhill Inquest) - Ruling Number 7 - Application by Brian Pettigrew for remote evidence and special measures
| Jurisdiction | Northern Ireland |
| Judge | Scoffield J |
| Judgment Date | 12 February 2024 |
| Neutral Citation | [2024] NICoroner 11 |
| Date | 12 February 2024 |
| Court | Coroners Court (NI) |
1
Neutral Citation No: [2024] NICoroner 11
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: SCO12427
ICOS No:
Delivered: 12/02/2024
IN THE CORONER’S COURT IN NORTHERN IRELAND
___________
IN THE MATTER OF AN INQUEST INTO THE DEATHS OF
JOHN DOUGAL, PATRICK BUTLER, NOEL FITZPATRICK,
DAVID McCAFFERTY AND MARGARET GARGAN
(‘THE SPRINGHILL INQUEST’)
___________
RULING (NUMBER 7)
ON AN APPLICATION BY BRIAN PETTIGREW
FOR REMOTE EVIDENCE AND SPECIAL MEASURES
___________
SCOFFIELD J (sitting as a coroner)
Introduction
[1] This is an inquest into five deaths which occurred on 9 July 1972 in the
Springhill and Westrock areas of Belfast. A brief summary of the factual background
is contained in my ruling of 27 February 2023 (‘Ruling No 1’): [2023] NICoroner 24.
This ruling concerns an application on the part of Brian Pettigrew for the facility to
provide his evidence to the inquest remotely; and for special measures to assist him
in the giving of his evidence, particularly by way of assistance from a registered
intermediary and the facility for breaks, as required. Mr Pettigrew has been granted
properly interested person (PIP) status in the inquest for the reasons set out in Ruling
No 2 in the inquest ([2023] NICoroner 25).
The application
[2] Mr Pettigrew has provided a signed witness statement to me dated 3 January
2023, following interview with the Coroner’s Investigator. I understand that he is
keen to assist the inquest by the giving of evidence but has a number of concerns
about the process of doing so. He is likely to be an important witness given his close
involvement in one of the incidents being investigated in this inquest. He was shot
and injured during the events in Springhill on 9 July 1972, at which time he was 17
years old. On his account, he saw Martin Dudley lying on his back and being tended
to; and was in close proximity to John Dougal before he was killed. I have outlined
in Ruling No 2 several lines of questioning which will likely be pursued with him
when he gives his evidence.
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