Chief Constable of the PSNI’s Application
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 2010 |
| Neutral Citation | [2010] NIQB 66 |
| Date | 27 May 2010 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2010] NIQB 66 Ref:
GIL7855
Judgment: approved by the Court for handing down Delivered:
27/5/10
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
_________
Chief Constable of the PSNI’s Application [2010] NIQB 66
IN THE MATTER OF AN APPLICATION BY THE CHIEF CONSTABLE
OF THE POLICE SERVICE FOR NORTHERN IRELAND FOR JUDICIAL
REVIEW
AND IN THE MATTER OF A DECISION BY HER MAJESTY’S SENIOR
CORONER FOR NORTHERN IRELAND IN RELATION TO THE
PROPOSED RESUMPTION OF INQUESTS INTO THE DEATHS OF
SERGEANT JOHN McQUINN
CONSTABLE ALAN McCLOY
CONSTABLE PAUL HAMILTON
JOHN GERVAISE McKERR
EUGENE TOMAN
JOHN FREDERICK BURNS
MICHAEL JUSTINE TIGHE
PETER JAMES MARTIN GREW
RODERICK MARTIN CARROLL
______
GILLEN J
Application
[1] The applicant in this matter is the Chief Constable of the Police Service
of Northern Ireland (“the applicant”). He seeks primarily declaratory relief
with respect to the correct approach to be adopted to the disclosure of
materials in Coronial inquests where an application for Public Interest
Immunity (“PII”) is to be brought.
[2] All of the deaths relevant to this application are described by the
Senior Coroner for Northern Ireland in the course of his affidavit of 25
February 2010 (“the first affidavit”) as deaths which “might be labelled as
controversial deaths occurring during the course of the height of the Troubles.
An issue that may arise is whether or not any of the deaths were caused as a
2
consequence of an intention to kill on the part of the security forces, including
the Royal Ulster Constabulary, the Army or their State agencies.”
[3] The applicant is challenging the decision of HM Senior Coroner for
Northern Ireland (“the Coroner”) on 15 January 2010 whereby he directed the
applicant to make available to him redacted copies of the “Stalker” and
“Sampson” reports for onward dissemination to the other interested parties in
relation to the proposed resumption of inquests into the deaths of the persons
named in the title to this application (the notice parties). The applicant objects
to the Coroner’s refusal to first rule on the relevance of the said materials
which thereby allegedly impedes the Chief Constable’s application for a PII
Certificate for proposed redactions to the reports.
Background
[4] The background information and history of this matter is set out by
Detective Chief Superintendent McCombe in an affidavit of 11 February 2010
wherein at paragraph 8 et seq he avers as follows:
“8. The inquest into the deaths of Sergeant Quinn
and Constables McCloy and Hamilton were
concluded on 4 March 1983. These police officers
were killed by a covert explosive device at Kinnego
Embankment, Lurgan on 27 October 1982. The deaths
of these officers formed part of an investigation
conducted by the Stalker/Sampson investigative
teams. Notwithstanding the fact that these inquests
concluded in March 1983 the Senior Coroner has
requested the Attorney General to permit the re-
opening of these inquests.
9. The inquests into the deaths of Gervaise
McKerr, Eugene Toman and John Frederick Burns
were abandoned by the Senior Coroner on 8
September 1994. He also indicated that he would not
convene inquests into the deaths of Michael Tighe,
Peter James Martin Grew and Roderick Martin
Carroll in light of the limited access he was afforded
to the Stalker/Sampson reports.
10. On 9 October 2007 the Senior Coroner
convened a preliminary hearing into those deaths
where he indicated that the ruling of the House of
Lords in Jordan and McCaughey (2007) UKHL 14
may now provide a catalyst for the re-opening of
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7 cases
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Jordan’s Applications
... ... [3] The first application (13/002996/1) is for judicial review of various rulings of the Coroner ... the death of Neil McConville, which statements were given by the Chief Constable to the Coroner. The applicant contends in this judicial review ... ...
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In the matter of a series of deaths that occurred in August 1971 at Ballymurphy, West Belfast
...in writing in advance and only then did I formally excuse the witness. iv. Disclosure [31] In Chief Constable of the PSNI’s Application [2010] NIQB 66 Gillen J referred to the broad purposeful approach to disclosure and the inquiry being conducted. This theme is drawn from Lord Bingham’s co......
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Jordan’s (Hugh) Applications 13/002996/1; 13/002223/1; 13/037869/1
... ... Stephens J accepted that submission and the Chief Constable appeals that decision. [18] Secondly, the Coroner had prepared ... Stephens J dismissed the application in respect of those matters. Mr Jordan appeals those decisions. [19] ... ...
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Gribben's (Sally) Application
...[43] Disclosure of documents and its importance in the determination of the scope of the inquest arose again in PSNI’s Application [2010] NIQB 66. The applicant challenged the decision of the senior coroner who directed that the Chief Constable make available to him redacted copies of the S......
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