In the matter of an inquest into the Death of Samuel Marshall on 7 March 1990 - Ruling on an Application by Colin Duffy and Hugh Anthony McCaughey for Properly interest Person Status

JurisdictionNorthern Ireland
JudgeHis Honour Judge Gilpin
Judgment Date23 January 2023
Neutral Citation[2023] NICoroner 2
Date23 January 2023
CourtCoroners Court (NI)
Neutral Citation No: [2023] NICoroner 2
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: [2023]NICoroner2
ICOS No:
Delivered: 23/01/2023
IN THE CORONER’S COURT IN NORTHERN IRELAND
___________
IN THE MATTER OF AN INQUEST INTO THE DEATH OF
SAMUEL MARSHALL ON 7 MARCH 1990
___________
RULING ON AN APPLICATION BY COLIN DUFFY AND
HUGH ANTHONY McCAUGHEY FOR
PROPERLY INTERESTED PERSON STATUS
___________
BEFORE HIS HONOUR JUDGE GILPIN
SITTING AS A CORONER
___________
Introduction
[1] Samuel Marshall (“the deceased”) died following a shooting in the Kilmaine
Street/North Street area of Lurgan, County Armagh on 7 March 1990. I am
conducting an inquest into his death.
[2] Colin Duffy and Hugh Anthony McCaughey (“the applicants”) have made an
application asking for Properly Interested Person (PIP) status, pursuant to Rule
7(1) of the Coroners (Practice and Procedure) Rules NI 1963 (the 1963 Rules).
Their statements say they were with the deceased when the shooting commenced.
[3] Rule 7 is set out below:
7.-(1) Without prejudice to any enactment with regard to
the examination of witnesses at an inquest, any person
who in the opinion of the coroner is a properly interested
person shall be entitled to examine any witness at an
inquest either in person or by counsel or solicitor,
provided that the coroner shall disallow any question
which in his opinion is not relevant or is otherwise not a
proper question.
(2) If the death of the deceased may have been caused
by an injury received in the course of his employment or

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