In the matter of an inquest into the deaths of Lawrence Joseph McNally, Anthony Patrick Doris and Michael James Ryan (Ruling on disclosure and privilege)
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Judgment Date | 08 June 2023 |
| Neutral Citation | [2023] NICoroner 8 |
| Court | Coroners Court (NI) |
1
Neutral Citation No: [2023] NICoroner 8
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM12194
Delivered: 08/06/2023
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 DISCLOSURE AND PRIVILEGE
___________
HUMPHREYS J
[1] An issue has arisen in the course of these inquest proceedings relating to the
evidence given by former military witnesses (‘FMWs’). A number of the FMWs
were interviewed under caution by the Royal Ulster Constabulary (‘RUC’) in the
days following the killings at Coagh. None of them made any reference in interview
to an alleged bullet strike mark to the wing mirror of the Beford lorry which had
contained a number of the FMWs.
[2] The relevance of such a strike mark is that it may represent evidence that a
bullet was discharged from one of the weapons carried by the deceased.
[3] In 2022, the FMWs prepared statements for the inquest with the assistance of
their legal representatives. I had previously ruled in [2022] NICoroner 5 that the
provision of evidence by this route did not render the inquest non-compliant with
the provisions of article 2 European Convention on Human Rights (ECHR).
[4] In his statement, Soldier J states as follows:
“I recall that before I left the location I was shown the
tubular frame of the lorry’s wing mirror on the passenger
side, near where I fired my first shots, which had a strike
mark (bullet damage). The photograph at exhibit 1 shows
the strike mark I recall seeing. I do not recall who showed
the strike mark to me.”
[5] Soldier K states:
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