McCord's (Raymond) Application
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2019] NICA 4 |
| Date | 18 January 2019 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2019] NICA 4
Ref:
MOR10847
Judgment: approved by the Court for handing down
Delivered:
18/01/2019
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY RAYMOND McCORD FOR LEAVE
TO APPLY FOR JUDICIAL REVIEW
IN THE MATTER OF THE DELAY IN HOLDING AN INQUEST INTO THE
DEATH OF RAYMOND McCORD (JNR)
________
Before: Morgan LCJ, Stephens LJ and Treacy LJ
________
MORGAN LCJ (DELIVERING THE JUDGMENT OF THE COURT)
[1] This is an application for leave to appeal from a case management decision of
McCloskey J given on 21 June 2018 when he refused the application for the removal
of a stay on the hearing of the applicant’s leave application to issue judicial review
proceedings against the Police Service of Northern Ireland (“PSNI”), the Department
of Justice and the Coroners Service seeking a declaration that the delay in
conducting an inquest into the death of his son violated his rights under Article 2 of
the ECHR. Mr O’Rourke QC and Mr Moriarty appeared for the applicant, Mr Coll
QC appeared with Mr Robinson for the PSNI and Mr McAteer appeared for the
Department of Justice. We are grateful to counsel for their helpful written and oral
submissions.
Background
[2] On 9 November 1997 the applicant’s son was murdered by loyalists. The
inquest was listed for a preliminary hearing before the coroner on 4 June 2001. On
2 September 2002 the Police Ombudsman for Northern Ireland (“PONI”) advised the
applicant’s solicitors that he was continuing to investigate complaints about whether
a police informer had been involved in the murder but that he was unable to disclose
any material under section 63 of the Police (Northern Ireland) Act 1998.
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