King v Patricia Wilson
| Jurisdiction | Northern Ireland |
| Judge | Sir Morgan |
| Judgment Date | 09 December 2022 |
| Neutral Citation | [2022] NICA 73 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 09 December 2022 |
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Neutral Citation No: [2022] NICA 73
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: MOR12013
ICOS No: 77/39; 78/35
Delivered: 09/12/2022
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
THE KING
v
PATRICIA WILSON
___________
Mr O’Donoghue KC with Mr McKenna BL (instructed by Ó Muirigh Solicitors) for the
Applicant
Mr Simpson KC with Mr Steer BL (instructed by PPS) for the Prosecution
_________
Before: Treacy LJ, Sir Paul Maguire and Sir Declan Morgan
_________
SIR DECLAN MORGAN (with whom Sir Paul Maguire agrees)
[1] On 15 February 1978 the applicant was convicted after a trial of causing an
explosion of a nature likely to endanger life or cause serious injury to property
contrary to section 2 of the Explosive Substances Act 1883, possession of an explosive
substance with intent, carrying a firearm with intent to commit an indictable offence
all on 11 January 1977 and membership of a prescribed organisation, namely,
Cumann na mBan between 23 October 1976 on 25 June 1977. On the same date she
was convicted of causing an explosion likely to endanger life or cause serious injury
to property contrary to section 2 of the 1883 Act and possession of an explosive
substance with intent on 14 March 1977.
[2] At her trial the applicant did not give evidence nor was any witness called on
her behalf. By virtue of section 2(6) of the Northern Ireland (Emergency Provisions)
Act 1973 (“EPA”) she had a right of appeal under section 8 of the Criminal Appeal
(Northern Ireland) Act 1968 but did not exercise that right within the 28 day period
allowed. In January 2014, 35 years after her conviction, she applied to the Criminal
Cases Review Commission (“CCRC”) for review of her convictions but the CCRC
made a final decision in September 2018 not to refer her convictions. She lodged the
application with which this court is concerned in December 2018 seeking an
extension of time within which to appeal her convictions and leave to call witnesses
and produce further evidence.
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Background
[3] On 11 January 1977 at approximately 15:30 hrs the security man at Christies
Wallpaper and Paint shop on Crumlin Rd, Belfast noticed a girl coming to the front
door with a scarf around her face. She came into the doorway of the shop leaving
the outside door open and a couple of seconds later a man who had been outside the
doorway entered the shop, put his hand in his pocket and produced a gun. A
second man entered with a carrier bag which he left in the middle of the shop. The
man who had been carrying the bag and the girl left the premises and the man with
the gun told customers and staff that they had five minutes to get out. The bombers
made off in a car and the bomb exploded causing the destruction of the premises
approximately 10 minutes later.
[4] At about noon on 14 March 1977 two ladies with prams entered a
confectionery shop in Castle Lane, Belfast to get sweets for their children. As they
were coming out of the shop two boys in their early 20s came in and behind them
was a girl carrying a dark coloured shopping bag. The girl seemed to be in a hurry
and one of the ladies thought that the girl seemed to be with the two men. A short
time later the owner of the premises saw a black plastic half shoulder bag which he
thought someone had left behind and he carried the bag into the interior office
premises to keep it safe. His wife then looked at the bag. She saw wires and called
to passing soldiers who immediately raised the alarm. About five to seven minutes
after leaving the shop there was an explosion which completely destroyed the shop.
The prosecution case was that in each instance the applicant was the girl who was
mentioned.
Arrest, Interviews and Trial
[5] The applicant was arrested at her family home at 06:40 on 23 June 1977 and
taken to Castlereagh Police Office where she arrived at 07:20. She was born on
6 November 1959 and was therefore 17 years old at the time of arrest. She was seen
by Dr Alexander, a Forensic Medical Officer (“FMO”), at 09:10 and made no
complaints. She did not have access to a solicitor or her family until the completion
of her interviews.
[6] The interview records obtained by the CCRC indicate that the applicant was
first interviewed on 23 June 1977 at 14:00 for 1 hour and 35 minutes by DCs Freeborn
and Nesbitt. She had a second interview at 16:15 by the same officers for one hour
and in a final interview that day commencing at 19:25 she is recorded as being
interviewed by DS Brown and WDC Lowry for 3 hours 5 minutes with three other
officers present including DC Bohill.
[7] The applicant’s first interview the following day commenced at 10:05 with
WDC Lowry and DC Bohill and lasted for two hours 10 minutes. At 13:00 she was
interviewed for 35 minutes by WDCs Houston and Kennedy. At 15:45 she was again
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interviewed by DCs Nesbitt and Freeborn for one hour 30 minutes. At 19:00 she was
examined by Dr Henderson, Forensic Medical Officer (“FMO”), with Dr O’Rawe also
present.
[8] The doctor noted that she had no complaints about her interviews on the first
day but recorded her complaint that in the second interview on the second day she
had been made to stand up and was pushed twice by a policewoman who also
slapped her across the shoulder with an open hand. During the next interview she
was questioned by two policemen one of whom pushed her about the room while
the other shouted at her. She was not threatened but she was called names such as
“bitch.” She explained that she did not want to be examined by the doctor and felt
perfectly well. Dr Henderson submitted a record of the complaint at 19:30 recording
“verbal threats and pushed about” and the complaint was sent to RUC headquarters
on 25 June 1977. It was not possible in the course of the hearing to establish whether
there was a practice of referring any complaint made by a detainee to the RUC either
by this FMO or generally.
[9] At 19:45 on 24 June 1977 an interview commenced with DS McCoubrey and
DC Clements. WDC Lowry is also recorded as being present from 20:30. During
this interview the applicant is recorded as initially denying any involvement in the
Christies bombing. She then admitted getting involved with Cumann na mBan. The
interview notes state that she said that she had agreed to meet two men at 11:00 on
the day of the bombing and that one of the men brought the bomb along in a green
bag. DS McCoubrey pointed out to her that the bombing did not take place until
15:25. She stated that she was told to go home and come back at 13:45. When she
returned there were three men and they all travelled together by car to Christies.
She went to the door of the shop with one of the men and another ran past the
security guard and put the bomb on the floor. They all left after one man gave a 10
minute warning. DS McCoubrey wrote out the statement which she signed
concluding at 21:15. WDC Lowry wrote out a statement in relation to the Turks
bombing at 21:45 which she again signed concluding at 22:30.
[10] The applicant had one further interview on 25 June 1977 from 11:00 to 12:45
with WDC Lowry. Nothing of significance arises from that interview. She was seen
by her parents at 19:45 that evening. At 20:00 she was taken to the medical room to
be examined by Dr Henderson and is recorded as refusing to be examined. She
made no complaints. At 20:30 she was transferred to Townhall Street Police Station
and shortly thereafter was charged with the Turks bombing. On 26 June 1977 at
11:05 she was noted to have been seen by her solicitor, PJ McGrory, and on the same
day was visited again by her parents at 17:45. She left custody to attend court at
10:35 on 27 June 1977.
[11] The applicant signed two complaint certificates in which she was asked
whether she had any complaints to make against any police officer while she was
detained in police custody. The first was in respect of the period from 06:40 on
23 June 1977 to 2-:30 on 25 June 1977. Her reply is recorded as “no” and she signed
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