In the matter of an inquest into the deaths of Lawrence Joseph McNally, Anthony Patrick Doris and Michael James Ryan (Ruling on special measures application in respect of Solder F)
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Neutral Citation | [2023] NICoroner 9 |
| Date | 12 January 2023 |
| Court | Coroners Court (NI) |
1
Neutral Citation No: [2023] NICoroner 9
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM12203
Delivered: 12/01/2023
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 SPECIAL MEASURES APPLICATION IN RESPECT OF SOLDER F
___________
HUMPHREYS J
Introduction
[1] Before the court is an application on behalf of Soldier F, a PIP in this inquest,
seeking special measures in respect of his giving of evidence. Initial medical
evidence suggested that Solider F may be unable to give evidence at all to the
inquest. This is no longer the position and the question which essentially arises for
determination is the extent to which special measures are required to address his
particular medical condition.
[2] Soldier F provided a witness statement to the inquest dated 10 November
2022. He now seeks a direction of the court that he be excused giving oral evidence
to the court but rather addresses any issues arising by way of written answers to
questions.
[3] At common law, a coroner has power to put in place special measures, where
appropriate, to mitigate against the risk of harm to any witness. In this inquest, I
have already ruled on the issue of the anonymity and screening of military witnesses
on foot of the PII certificate – see [2022] NI Coroner 8. As a result of that ruling, the
other soldiers have been afforded:
(i) Anonymity by use of ciphers;
(ii) The right to give evidence by live link from outside the jurisdiction; and
(iii) The protection of being screened from public view.
To continue reading
Request your trial