In the matter of an Inquest into the deaths of Lawrence Joseph McNally, Anthony Patrick Doris and Michael James Ryan. Ruling on engagement with Coroner's investigator and witness evidence
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Judgment Date | 02 September 2022 |
| Neutral Citation | [2022] NICoroner 5 |
| Date | 02 September 2022 |
| Court | Coroners Court (NI) |
1
Neutral Citation No: [2022] NICoroner 5
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM11935
Delivered: 02/09/2022
IN THE CORONER’S COURT IN NORTHERN IRELAND
___________
IN THE MATTER OF AN INQUEST INTO THE DEATHS OF
LAWRENCE JOSEPH McNALLY, ANTHONY PATRICK DORIS
AND MICHAEL JAMES RYAN
___________
RULING ON ENGAGEMENT WITH CORONER’S INVESTIGATOR AND
WITNESS EVIDENCE
___________
HUMPHREYS J
Background
[1] On 12 September 2022 the inquest into the deaths of Michael Ryan,
Anthony Doris and Laurence McNally will open at Banbridge Courthouse. It is not
in dispute that these three men were shot dead by members of the British Army at
Coagh on 3 June 1991. The circumstances surrounding the deaths are disputed.
[2] In the course of case management, an issue has arisen relating to the provision
of evidence to the coroner. Devonshires Solicitors represent a cohort of the soldiers
involved in the incident (‘the military witnesses’). It has been indicated that the
military witnesses do not wish to engage with the coroner’s investigators but rather
to furnish their own witness statements, prepared in conjunction with their lawyers.
[3] The question which falls for determination is whether this is a permissible
course of action, or whether such statements be received by the coroner, in light of
the statutory provisions and the relevant witness protocol.
The Legal Framework
[4] Section 36 of the Coroners Act (Northern Ireland) 1959 (‘the 1959 Act’)
empowers the making of rules to regulate the practice and procedure to be adopted
at or in connection with inquests. The rules made pursuant to this power are the
Coroners (Practice and Procedure) Rules (Northern Ireland) 1963 (‘the 1963 Rules’).
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