R v Cathal Feeney
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 11 September 2014 |
| Neutral Citation | [2014] NIQB 107 |
| Date | 11 September 2014 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2014 |
1
Neutral Citation No. [2014] NIQB 107 Ref: DEE9374
Judgment: approved by the Court for handing down Delivered: 11/09/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (CROWN SIDE)
________
REGINA
v
CATHAL FEENEY
________
MR JUSTICE DEENY
[1] This is an application for High Court bail brought by Cathal Feeney, of
Omagh, Co Tyrone. It raises a novel point of law.
[2] Mr Feeney was returned for trial on 15 charges of harassment and doing acts
intended to pervert the course of justice following a preliminary enquiry on 10 June
2014. He was committed in custody to HM Prison Maghaberry.
[3] On 23 July 2014 he applied to HHJ Fowler QC for bail awaiting trial but his
application was refused. He then applied to the High Court for bail, in effect
appealing from the decision of HHJ Fowler sitting as a Crown Court judge. This was
a novel application, contrary to existing practice.
[4] The matter came before Maguire J on 1 August who dismissed the application
without adjudication ordering that written arguments should be prepared in relation
to the jurisdiction issue before any subsequent application to the High Court. It
came before Weatherup J on 22 August who adjourned the matter until 29 August
when it was heard by me as vacation judge. Three questions arise from the
application. Firstly, is it legally possible for Mr Feeney to ask the High Court to
overturn, in effect, a Crown Court judge’s refusal of bail pending trial? Secondly, if
that is legally possible in what circumstances might that be done? Thirdly, do the
circumstances here justify the High Court in hearing and determining this
application?
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