McCaughey (Brigid) and Quinn's (Letitia) Application (Leave stage)
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 23 September 2009 |
| Neutral Citation | [2009] NIQB 77 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 23 September 2009 |
1
Neutral Citation No. [2009] NIQB 77 Ref:
WEA7627
Judgment: approved by the Court for handing down Delivered:
23/09/2009
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
McCaughey and Quinn’s Application [2009] NIQB 77
APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW BY
BRIGID McCAUGHEY AND LETITIA QUINN
_______
WEATHERUP J
[1] This is an application for leave to apply for Judicial Review of a
decision of the Coroner in relation to the Inquests yet to be held into the
deaths in 1990 of Martin McCaughey and Dessie Grew at the hands of
members of the security forces. Ms Quinlivan appears for the applicant, Mr
Doran for the respondent, the Coroner and Dr McGleenan for the Notice
Party, the Police Service of Northern Ireland.
[2] The grounds for Judicial Review rely in the first place on the right to
life under Article 2 of the European Convention on Human Rights and the
procedural requirement for prompt investigation, secondly on a claim for
entitlement to what is described as an Article 2 compliant Inquest and thirdly
on Rule 3 of the Coroner’s (Practice and Procedure) Rules (Northern Ireland)
1963 as amended and the requirement to hold an Inquest as soon as
practicable.
[3] First of all the Article 2 grounds. The right to life protected under
Article 2 comprises two aspects namely the substantive aspect and the
procedural aspect, the latter including a prompt and effective investigation
and an Inquest that complies with the requirements of the European Court of
Human Rights. The House of Lords decided in Re McKerr [2004] 1WLR 807
that Article 2 does not have retrospective effect in relation to deaths that
occurred before the commencement of the Human Rights Act on 2 October
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2 cases
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Re McCaughey and another
...this and future inquests raising the same issue. The proceedings below 12 In an application for permission to apply for judicial review [2009] NIQB 77 the appellants sought to persuade Weatherup J that they were entitled to a declaration that the Coroner was obliged to conduct the inquest i......
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McCaughey and Quinn’s Application
...J [1] This is the judgment of the Court in an appeal from the decision of Weatherup J reported as McCaughey and Quinn’s Application at [2009] NIQB 77. This was an application for leave to apply for judicial review arising out of the intended inquest into the deaths in 1990 of Martin McCaugh......