In the matter of an application for Forfeiture of a Security and Director of Public Prosecution and Victoria Mackey
| Jurisdiction | Northern Ireland |
| Judge | Rooney J |
| Judgment Date | 23 May 2023 |
| Neutral Citation | [2023] NIKB 65 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 65
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: ROO12173
ICOS No:
Delivered: 23/05/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
___________
IN THE MATTER OF AN APPLICATION FOR
FORFEITURE OF A SECURITY
DIRECTOR OF PUBLIC PROSECUTIONS
Applicant
and
VICTORIA MACKEY
Respondent
___________
Lauren Chesire BL (instructed by the PPS) for the Applicant
Aaron Thompson BL (instructed by Madden & Finucane, Solicitors) for the Respondent
___________
ROONEY J
Introduction
[1] The defendant, Kevin Conway, is charged with the murder of Shane Whitla
(“the deceased”) on 12 January 2023.
[2] On 17 January, the defendant was arrested. He applied for bail on
17 February 2023. Following a hearing before the learned District Judge, the
defendant was granted bail subject to stringent conditions. The Public Prosecution
Service (PPS) appealed the grant of bail to the High Court pursuant to section 10 of
the Justice (Northern Ireland) Act 2004.
[3] On 20 February 2023, following oral representations made on behalf of the
prosecution and the defendant, the High Court dismissed the appeal and made an
order that bail be granted to the defendant subject to a number of stringent
conditions. Significantly, of particular relevance to this application, was the
imposition of a condition that the defendant must not be in possession of any device
capable of accessing the internet nor to have any access to the internet whatsoever.
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