McCartney and McDermott's Applications
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 25 June 2009 |
| Neutral Citation | [2009] NIQB 62 |
| Date | 25 June 2009 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2009 |
Neutral Citation No. [2009] NIQB 62 Ref:
WEA7524
Judgment: approved by the Court for handing down Delivered:
25/06/2009
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
McCartney and McDermott’s Applications [2009] NIQB 62
APPLICATIONS FOR JUDICIAL REVIEW BY
RAYMOND PIUS McCARTNEY AND EAMONN McDERMOTT
________
WEATHERUP J
Compensation for miscarriage of justice.
[1] These applications for judicial review are further instances of
challenges to decisions of the Secretary of State for Northern Ireland refusing
to award compensation under section 133 of the Criminal Justice Act 1988
further to the quashing of the applicants’ convictions. Ms McDermott QC and
Mr Sayers appeared for the first applicant, Mr Larkin QC and Mr Brolly for
the second applicant and Mr Maguire QC and Mr Schofield for the
respondent, the Secretary of State.
[2] On 12 January 1979 at Belfast City Commission the applicants were
each sentenced to life imprisonment upon convictions for offences that
included murder and membership of a proscribed organisation, namely the
IRA. Others arrested in respect of the offences included a John Thomas Pius
Donnelly and a Hugh Gerard Brady. The first applicant made a written
statement to police admitting involvement in two murders. At his trial he
alleged ill treatment during police interviews. He called Donnelly and Brady
as witnesses on his behalf and each alleged ill treatment during police
interviews. The trial Judge found a prima facie case of ill treatment but was
satisfied beyond reasonable doubt that the first applicant had not been ill
treated and that his statements were relevant and admissible. The second
applicant made four written statements to police that amounted to admissions
To continue reading
Request your trial
2 cases
-
McKenna's (Mary) Application
...3 The correct approach in this sort of situation was reviewed by Weatherup J (as he then was) in McCartney and McDermott's Application[2009] NIQB 62 at paragraphs 30–1. This cites authorities of the Irish and Northern Ireland Courts of Appeal over a prolonged period. These indicate that whe......
-
A v Secretary For Justice And Another
...on all relevant information touching on the question whether there has been a miscarriage of justice. In the present appeals, Weatherup J [2009] NIQB 62 considered that it was open to him to examine the question whether there had been a miscarriage of justice not merely by reference to what......