In the matter of an inquest into the deaths of Lawrence Joseph McNally, Anthony Patrick Doris and Michael James Ryan (Ruling on medical excusal application in respect of Solder F)
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Judgment Date | 22 June 2023 |
| Neutral Citation | [2023] NICoroner 10 |
| Court | Coroners Court (NI) |
1
Neutral Citation No: [2023] NICoroner 10
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM12202
Delivered: 22/06/2023
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 MEDICAL EXCUSAL APPLICATION IN RESPECT OF SOLDIER F
___________
HUMPHREYS J
Introduction
[1] On 5 September 2022 an application for medical excusal was made in respect
of Soldier F. At this time, the court was asked to excuse the witness from giving a
statement or otherwise participating in the inquest on the basis that he lacked
capacity. This was supported by a report from a consultant psychiatrist, Professor
Fox.
[2] Thereafter, this mutated into an application for special measures in light of a
second report from Professor Fox. I ruled on this application on 12 January 2023 and
this ruling should be read in conjunction with that decision.
[3] By this time, a witness statement dated 10 November 2022 had been prepared
by Soldier F in consultation with his legal representatives which proved that he was,
in fact, able to participate in these proceedings. The special measures sought were to
excuse him from giving oral evidence and to proceed by way of written questions
and answers.
[4] Soldier F has been diagnosed as suffering from post traumatic stress disorder
and a moderately severe depressive illness, as well as physical conditions which
restrict his mobility.
[5] For the reasons set out in my previous ruling, he is an important witness in
the inquest who speaks to many of the issues which are in contention.
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