PQ and RS Applications for leave to apply for Judicial Review
Jurisdiction | Northern Ireland |
Judge | Humphreys J |
Judgment Date | 27 August 2021 |
Neutral Citation | [2021] NIQB 73 |
Court | Queen's Bench Division (Northern Ireland) |
Date | 27 August 2021 |
1
Neutral Citation No: [2021] NIQB 73
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: HUM11589
Delivered: 27/08/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF APPLICATIONS BY PQ AND RS FOR LEAVE TO APPLY
FOR JUDICIAL REVIEW
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Karen Quinlivan QC and Leona Askin (instructed by McCartney & Casey for the first
Applicant and Madden & Finucane for the second Applicant)
Tony McGleenan QC, Laura Curran and Philip Henry (instructed by the Crown
Solicitor’s Office and the PPS) for the proposed Respondents
Mark Mulholland QC and Ian Turkington (instructed by McCartan Turkington Breen) for
the proposed Notice Party
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HUMPHREYS J
Introduction
The Reporting Restrictions Order made by Colton J on 12 March 2021 remains in
force.
[1] The applicants for leave to apply for judicial review are, respectively, PQ, a
relative of the late TU, and RS, a relative of the late VW. TU was shot dead and VW
injured during the events of Bloody Sunday on 30 January 1972.
[2] In September 2020, the Public Prosecution Service (‘PPS’) announced its
decision to prosecute Soldier F, the proposed Notice Party in these applications, for,
inter alia, the murder of TU and attempted murder of VW.
[3] On 2 July 2021 the PPS made the decision that the test for prosecution in
respect of Soldier F was no longer met following the judgment of O’Hara J in
Re Soldier A and Soldier C [2021] NICC 3. It therefore proposed to discontinue the
prosecution. On 8 July leave was granted to seek a judicial review of that decision
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