R v Hoey (Sean)
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 06 November 2006 |
| Neutral Citation | [2006] NICC 38 |
| Court | Crown Court (Northern Ireland) |
| Date | 06 November 2006 |
1
Neutral Citation No. [2006] NICC 38
Ref:
2006NICC38
Judgment: approved by the Court for handing down Delivered:
06/11/06
(subject to editorial corrections)*
06/11/2006
IN THE CROWN COURT SITTING IN BELFAST
R –v- SEAN HOEY
RULING
WEATHERUP J
[1] As disclosure Judge in this trial I make the
following ruling. The defendant faces charges that are at
hearing before Mr Justice Weir, the trial Judge, in
connection with the bombing in Omagh on 15 August 1998.
This is one of a number of applications made by the
defendant for disclosure of documents. This application
by the defendant is for a witness summons pursuant to
section 51A and 51B of the Judicature (Northern Ireland)
Act 1978 against the Police Ombudsman, requiring her to
make disclosure of and deliver up to the defendant all
material in the possession of her office concerning the
explosion in Omagh on 15 August 1998 and any other
terrorist incident considered at any stage as being
possibly linked to the Omagh incident.
2
[2] Section 51A applies where the Crown Court is
satisfied that a third party is likely to produce "any
document …. likely to be material evidence" for the
purpose of any criminal proceedings before the Crown
Court. In such a case the Crown Court shall issue a
witness summons directed to the person concerned
requiring him to attend before the Crown Court at the
time and place stated in the summons and produce the
document.
The terms of section 51A(1) and (2) are as follows –
“(1) This section applies where the Crown Court is
satisfied that-
(a) a person is likely to be able to give evidence
likely to be material evidence, or produce any
document or thing likely to be material evidence, for
the purpose of any criminal proceedings before the
Crown Court, and
(b) it is in the interests of justice to issue a
summons under this section to secure the attendance of
that person to give evidence or to produce the
document or thing.
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2 cases
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R v McCrory (Co-Accused Duffy (Colin) and Fitzsimons (Harry)
...evidence” I apply the test as set out in R v O’N [2001] NI 136 and in particular as developed by Weatherup J in the case of R v Hoey [2006] NICC 38. Having reviewed the authorities Weatherup J concluded at paragraph [24] of the judgment in Hoey: “First, the same test applies to prosecution ......
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Queen v Jones (Gary) Ruling No 3: Abuse of Process
...As regards the second dimension of the stay application, the court’s attention is directed to the disclosure ruling in The Queen –v- Hoey [2006] NICC 38 whereby the Police Ombudsman, who conducted a comprehensive investigation into the Omagh Bomb (of 15th August 1998), was required the appl......