King v James Fox
| Jurisdiction | Northern Ireland |
| Judge | O'Hara J |
| Judgment Date | 17 August 2023 |
| Neutral Citation | [2023] NICC 23 |
| Date | 17 August 2023 |
| Court | Crown Court (Northern Ireland) |
1
Neutral Citation No: [2023] NICC 23
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: OHA12244
ICOS No: 21/023800
Delivered: 17/08/2023
IN THE CROWN COURT IN NORTHERN IRELAND
SITTING AT BELFAST
___________
THE KING
v
JAMES FOX
___________
Mr J Kearny KC with Mr J O’Keefe (instructed by Tiernan Solicitors) for the Defendant
Mr S Magee KC with Mr M Chambers (instructed by the PPS) for the Prosecution
___________
RULING ON AN APPLICATION FOR A NO BILL
___________
O’HARA J
Introduction
[1] This is an application by the defendant for the entry of a No Bill under section
2(3) of the Grand July Abolition Act 1969, on the basis that the committal papers do
not disclose a case sufficient to justify putting him on trial. To put it another way,
the defendant says that even taking the prosecution case as its height it cannot be
proved beyond a reasonable doubt that he is guilty of any or all of the various counts
which he faces.
[2] The defendant is charged with three offences:
(i) Murder of Francis Kerr 10 November 1994.
(ii) Robbery of a Royal Mail sorting office in Newry on 10 November 1994.
(iii) Membership of the IRA.
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