O'Neill's (Christopher) Application
| Jurisdiction | Northern Ireland |
| Judge | Rooney J |
| Judgment Date | 22 February 2022 |
| Neutral Citation | [2022] NIQB 31 |
| Date | 22 February 2022 |
| Court | Queen's Bench Division (Northern Ireland) |
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Neutral Citation No: [2022] NIQB 31
Judgment: approved by the Court for handing down (subject to
editorial corrections)*
Ref: ROO11769
ICOS No: 2020/24915
Delivered: 22/02/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY
CHRISTOPHER O’NEILL FOR JUDICIAL REVIEW
AND
IN THE MATTER OF A DECISION OF THE POLICE OMBUDSMAN
FOR NORTHERN IRELAND
________
Mr Simpson QC and Mr Ritchie BL (instructed by Croasdailes LLP) for the Applicant
Mr Anthony BL (instructed by Hugh Scally, Police Ombudsman) for the Respondent
Dr McGleenan QC (instructed by the Department of Justice) as Notice Party
________
ROONEY J
Introduction
[1] The Applicant is a serving police officer. He challenges the decision of the
Respondent to carry out a formal investigation of the Applicant pursuant to section
54 of the Police (Northern Ireland) Act 1998 following an allegation by
Brian Patterson (“the complainant”) that the Applicant had committed the offence of
perjury.
[2] The impugned decision to carry out the investigation was notified to the
Applicant on 19 December 2019 following a Notice of Report, Complaint or
Allegation dated 16 December 2019.
[3] The Applicant alleges that the allegation is false, baseless and unsupported by
any evidence. He claims that the complainant is a person who was lawfully
convicted of offences of fraud arising out of incidents on 16 April 2017 and 1 April
2018.
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[4] Accordingly, the Applicant contends that the decision of the Respondent to
carry out such an investigation is unlawful, irrational, unreasonable and in breach of
his Article 8 Convention rights. The Applicant argues that the complainant’s motive
was revenge and calculated to damage his reputation and integrity, thereby causing
prejudice to his personal enjoyment of the right to respect for private life. By
carrying out the investigation, the Applicant alleges the Respondent has breached
his Article 8 of the European Convention on Human Rights (“ECHR”) rights.
[5] An analysis of the grounds of challenge are considered in detail below. The
Applicant seeks the following primary relief -
(a) A declaration that the decisions of the Police Ombudsman for
Northern Ireland are -
(i) unlawful, ultra vires and of no force or effect;
(ii) irrational;
(iii) unreasonable; and
(iv) in breach of Article 8 of the European Convention on Human
Rights.
(b) A declaration of incompatibility of section 54 of the Police (Northern
Ireland) Act 1998 with Article 8 of the European Convention on
Human Rights and Fundamental Freedoms (“ECHR”).
(c) An order of certiorari to quash the impugned decision of 16 December
2019 of the Respondent to carry out an investigation.
(d) An order requiring the Respondent to reconsider the decision of 16
December 2019 fairly and in accordance with the law and in
accordance with any judgment or direction of this court.
(e) Damages.
(f) Such further or other relief as shall be deemed just.
(g) Costs.
Factual Background
[6] The relevant circumstances giving rise to this application are contained in the
affidavit of the Applicant dated 6 March 2020 and the affidavit of Susan Harper,
Director of the Current Investigations Directorate in the Police Ombudsman for
Northern Ireland (hereinafter “PONI”) dated 18 January 2021. The following is a
relevant summary.
[7] The Applicant is a serving police officer.
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