Magee (Maureen) as administratrix of the estate of Magee (Jonathan) Deceased and Chief Constable of the Police Service of Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Master McCorry |
| Neutral Citation | [2017] NIMaster 7 |
| Court | High Court (Northern Ireland) |
| Date | 10 November 2017 |
1
Neutral Citation No: [2017] NIMaster 7
Judgment: approved by the Court for handing down
(subject to editorial correc tions)*
Ref: 2017NIMASTER7
Delivered: 10/11/2017
No 16/11178
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
MAUREEN MAGEE as administratrix of
the estate of JONATHAN MAGEE Deceased.
AND
CHIEF CONSTABLE OF THE POLICE SERVICE OF NORTHERN IRELAND
MASTER MCCORRY
[1] The defendant applies by summons issued 16th February 2017, for an order
that the plaintiff's action be struck out on the grounds that: (a) the pleadings do not
disclose a reasonable cause of action, and/or (b) the plaintiff's case is scandalous,
frivolous and/or vexatious, and/or (c) is otherwise an abuse of process, pursuant to
Order 18, rule 19 of the Rules of the Court of Judicature (NI) 1980.
[2] The plaintiff's claim arises from the death of her son who on 29th January 2011
committed suicide by walking in front of a moving train near Knockmore Bridge,
Lisburn. At the time of his death Jonathan Magee was a young man with a significant
history of mental illness including, schizophrenia and drug abuse from an early age.
In the period leading up to his death he had been reviewed by a consultant
psychiatrist at the Mater Hospital, Belfast on 20th December 2010. He gave
consideration to detaining him under the Mental Health Order 1986 at that point but
opted instead to see him again on 24th January 2011, because he was taking
significant medication and it was hoped that he would continue to take this until the
next appointment. The Deceased assured his general practitioner on 23rd December
2010 that he would do so and on 7th January 2011 again confirmed that he was
taking his medication, albeit not on a regular basis. He attended the Mater Hospital
on 11th January 2011 complaining that he had been drugged and was exhibiting
persecutory traits, but was just encouraged to attend his next review appointment
with the consultant scheduled for 24th January. He attended the day before, 23rd
January, in an agitated state and again was encouraged to see the consultant the next
day, which he did, but was noted to be dishevelled, "grandiose and manic" and
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"deluded". He was referred to, but not immediately offered admission to, the "Home
Treatment Team" and an attempt to contact him the following day to arrange a
domiciliary visit was initially unsuccessful. When the team went to his home later
that day he was found to be agitated and irritable.
[3] On 26th January 2011 the Deceased attended Whiteabbey Hospital and was
assessed by the Home Treatment Team who noted that he had suicidal thoughts but
was assessed as showing no evidence of psychosis or mood disorder and was refused
admission to Holywell Hospital. The police were contacted but the Deceased left the
hospital and was uncontactable thereafter. Later the same day he was briefly
assessed at Lagan Valley Hospital, where a history of acute anxiety and paranoia was
noted and it was also noted that a bed was available at Ward K at the Mater Hospital,
an ambulance transfer was arranged and the Deceased was taken to the Mater
Hospital where he was admitted voluntarily. However, he absconded and the police
were notified to investigate and return him to Ward K. The Deceased attempted
suicide by cutting his wrists and taking an overdose on 28th January. He was
detained by police at 16.49 at Cavehill Park following concerns by his family about
tablets he had removed from the house.
[4] After being detained by the police the Deceased was taken by ambulance to
Belfast City Hospital where he arrived at 17.30. He was initially arrested at the park
by the police because he was in possession of a knife, raising concerns that he
presented a danger to himself or the public At the hospital he was no longer deemed
to meet the criteria for arrest and was therefore de-arrested at 18.24 by the police,
who left him in the care of the hospital staff and did not remain at the premises. The
Deceased’s father was present both before and after the police left. Hospital staff
arranged for an out of hours general practitioner and a social worker to attend to
assess whether the Deceased should be detained under the Mental Health Order. A
social worker did attend at 22.30 and concluded that he was paranoid but did not
demonstrate ideas of self-harm or suicide. There was no general practitioner
available to attend until 00.30 on 29th January (he in fact arrived at 00.40) but by that
stage the Deceased had left the hospital. The police were notified by hospital staff at
01.13 on the 29th January and they circulated his description to patrols; contacted his
mother (the plaintiff) who provided a number of addresses which he may have gone
to, and further names were provided by the Deceased’s sister. During the early
afternoon the police were able to speak to the Deceased by mobile telephone but he
wouldn’t tell them his whereabouts. In fact he was at a Simon Community Hostel at
Flush Street, Lisburn but no-one had suggested that address to the police. He left the
hostel at approximately 16.30 and was killed when he walked in front of a train at
17.00 hours.
[5] Order 18, rule 19 provides:
“(1) The court may at any stage of the proceedings order to be struck out or
amended any pleading or the endorsement of any writ in the action, or
anything and any pleading or the endorsement, on the ground that –
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