In the matter of an inquest touching upon the death of Noah Donohoe
| Jurisdiction | Northern Ireland |
| Judge | Mr McCrisken |
| Neutral Citation | [2022] NICoroner 9 |
| Court | Coroners Court (NI) |
| Date | 27 October 2022 |
1
Neutral Citation No: [2022] NICoroner 9
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: [2022] NICoroner 9
Delivered: 27/10/2022
BEFORE THE CORONER FOR NORTHERN IRELAND
MR JOSEPH McCRISKEN
IN THE MATTER OF
AN INQUEST TOUCHING UPON THE DEATH OF
NOAH DONOHOE
Decision in relation to the whether a jury should be summoned pursuant to
section 18 of the Coroners’ Act (Northern Ireland) 1959 (‘the 1959 Act’)
Introduction
[1] This decision is in respect of an application made by Ms Fiona
Donohoe, the Next of Kin (NoK) of Noah Donohoe, that I should summon a
jury at the inquest inquiring into his death, which is scheduled to commence
on 28 November 2022. The NoK say, primarily, that in all the circumstances
of the death it is mandatory for me to hear the inquest with a jury and, even if
I am not satisfied that it is mandatory to sit with a jury, it is, in the alternative,
desirable that a jury be summoned.
[2] The issue as to whether the inquest should be held with a jury (‘the
jury issue’) was raised by the NoK during a pre-inquest review held on 26
April 2022. Following this hearing, on 15 May 2022 and 23 September 2022,
the NoK provided written submissions in support of an application that a jury
should be summoned. The Department for Infrastructure (‘DfI’) has indicated
that it intends to remain neutral on this issue and in July 2022 the Police
Service of Northern Ireland (‘PSNI’) indicated that it was remaining neutral.
On 6 October 2022, I convened an oral hearing to allow arguments to be
ventilated.
[3] The NoK was represented by Ms Campbell KC and Mr Magowan BL
instructed by KRW Law, Solicitors. The DfI was represented by Mr Aldworth
KC instructed by the Departmental Solicitor’s Office and the PSNI was
represented by Mr Lunny KC instructed by Crown Solicitor’s Office. I was
represented by Mr Sean Doran KC and Mr Declan Quinn BL, who provided
me with copies of relevant commentary and authorities but made no
submissions in relation to the jury issue.
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