Johnstone's (Dorothy) Application
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 28 March 2017 |
| Neutral Citation | [2017] NIQB 33 |
| Docket Number | DEE10169 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 28 March 2017 |
1
Neutral Citation: [2017] NIQB 33 Ref:
DEE10169
Judgment: approved by the Court for handing down Delivered:
28/3/2017
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY DOROTHY JOHNSTONE
FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION BY THE ATTORNEY GENERAL
FOR NORTHERN IRELAND
________
DEENY J
[1] This is an application by Dorothy Johnstone, the daughter of the late
Sean Eugene Dalton, to bring into court and quash by certiorari the decision of the
Attorney General for Northern Ireland not to exercise his powers pursuant to Section
14 of the Coroner’s Act (NI) 1959 by directing the holding of a further inquest into
the death of Mr Dalton. Leave was granted by Maguire J on the ground that it was
arguable that a fresh inquest was necessary for the purpose of discharging the
investigative obligation on the State under Article 2 of the European Convention on
Human Rights and that the Attorney had misdirected himself on this issue and, if he
had properly directed himself, would have directed a fresh inquest.
[2] At the full hearing of the matter Ms Fiona Doherty QC and Mr Malachy
McGowan appeared for the applicant. Mr David Scoffield QC appeared for the
Attorney. I am grateful to counsel for their thorough and helpful written and oral
submissions.
Factual background
[3] In 1988 the late Mr Dalton was the father of six children, including the
applicant, of whom two were still living at home with him. He had been recently
widowed. His neighbour, referred to at the hearing before me as person A, had been
absent from his home for some time by 31 August 1988. It has now become clear
that he had been kidnapped, with another man, by the Provisional IRA and held by
them. The IRA had planted an explosive device in the flat. It seems likely that the
intended victims were police officers who would be lured to the flat either by the
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