In the matter of an application by John Boyle for Judicial Review (No.2)
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2005 |
| Neutral Citation | [2005] NIQB 41 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2005 |
| Date | 27 May 2005 |
1
Neutral Citation no. [2005] NIQB 41
Ref:
WEAC5274
Judgment: approved by the Court for handing down
Delivered:
27/05/2005
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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IN THE MATTER OF AN APPLICATION BY JOHN BOYLE
FOR JUDICIAL REVIEW (No. 2)
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WEATHERUP J
The application.
[1] This is an application for Judicial Review of a decision of the Legal
Services Commission dated 7 December 2004 refusing legal aid to the
applicant for the purposes of an appeal to the Court of Appeal. The applicant
has lodged an appeal to the Court of Appeal against the decision of Mr Justice
Girvan dismissing the applicant’s earlier application for Judicial Review of a
decision of the Director of Public Prosecutions refusing to give reasons for a
decision not to prosecute two police officers for perjury arising out of the trial
of the applicant on criminal charges. Mr Treacy QC and Mr Green appeared
for the applicant and Mr Hanna QC and Mr Good appeared for the Legal
Services Commission.
The trial of the applicant.
[2] On 27 May 1976 police officers came under attack by gunfire in
Franklin Street, Belfast. The applicant was arrested later that day but released
without charge. The applicant was further arrested on 8 March 1977 and
interviewed on six occasions. The fifth interview occurred on the afternoon of
9 March and the interviewing officers recorded in interview notes that the
applicant made admissions that he had been a member of the Provisional IRA
and further that he had acted as cover with a pistol while another man had
fired an Armalite at the police on 27 May 1976. The applicant was charged
with membership of a proscribed organisation and with possession of
firearms and ammunition with intent to endanger life. At the trial the
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