Public Prosecution Service and Shane Devine
| Jurisdiction | Northern Ireland |
| Judge | Horner J |
| Judgment Date | 01 May 2019 |
| Neutral Citation | [2019] NICA 53 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 01 May 2019 |
1
Neutral citation No: [2019] NICA 53 Ref:
HOR10812
Judgment: approved by the Court for handing down Delivered:
01/05/2019
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
(APPEAL BY WAY OF CASE STATED)
________
BETWEEN:
PUBLIC PROSECUTION SERVICE
Appellant;
and
SHANE DEVINE
Respondent.
________
Before: Treacy LJ and Horner J
________
HORNER J (delivering the judgment of the court)
A. INTRODUCTION
[1] This is an appeal by way of case stated of the decision of District Judge
McKibbin in respect of three separate questions. They are:-
(i) Whether as a matter of law the Court was right to determine that the
intelligence document containing information passed to the Driver and
Vehicle Agency relevant to the investigation of the accused was capable of
assisting the case for the accused or undermining the case for the prosecution?
(The prosecution acknowledged that this decision was made by DJ Nixon on
9 May 2017 and accordingly it may be considered that leave to appeal against
this decision requires time to be extended or abridged). (“The First
Question”)
(ii) Whether, as a matter of law, the Court of first instance, I was right in the
circumstances in refusing to hear and grant the application made on behalf of
the Public Prosecution Service (“PPS”) to assert public interest immunity
(“PII”) of the intelligence document containing information passed to the
Driver and Vehicle Agency (“DVA”)? (“The Second Question”)
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