Neill's Application (Damien)
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 13 March 2009 |
| Neutral Citation | [2009] NIQB 25 |
| Date | 13 March 2009 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2009 |
1
Neutral Citation No.: [2009] NIQB 25 Ref:
DEE7439
Judgment: approved by the Court for handing down Delivered:
13-03-09
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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Neill’s Application (Damien) [2009] NIQB 25
AN APPLICATION FOR JUDICIAL REVIEW BY DAMIEN NEILL
_________
DEENY J
[1] The applicant was a probationer constable in the Police Service of
Northern Ireland. He had commenced his training on 1 August 2004. After
his training he served in the northwest of the province. He was discharged as
a probationer constable on foot of a decision originally of 30 June 2008 but
confirmed on appeal on 5 September 2008. It is that decision which he seeks
to challenge in this application.
[2] The facts may be briefly stated. On 30 May 2008 the applicant was off-
duty and at home when a search team from the PSNI arrived at his home in
Coleraine to search for drugs. None were found. On 24 June the applicant
was served with a letter indicating that there would be a hearing on 30 June
2008 to consider his discharge. This letter was from Assistant Chief Constable
J K Gillespie. He was told that he could bring a friend who must be a serving
member of the force. He did so and Sergeant Craig who was his superior
attended with him on 30 June. In her affidavit of 25 November 2008 ACC
Gillespie avers, at paragraph 8, that due to “the sensitive nature of the
intelligence materials I considered that the detail which could be provided to
the applicant by way of disclosure at the interview would require careful
consideration”. She had a written summary prepared which was exhibited to
her affidavit and which she read to the applicant. The first sentence in effect
acts as her summary and what Dr Tony McGleenan for the respondent Chief
Constable called the gist of the case. I quote:
“I have at my disposal a significant quantity of
intelligence from a variety of sources which states
very clearly that you have been involved in the abuse
of illegal drugs including class A whilst you have
been employed by the PSNI as a Police Officer. I am
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...against him. The provision of the gist of allegations is not confined to the field of national security. In Damien Neil’s Application [2009] NIQB 25 a probationer constable judicially reviewed his discharge from the police because he was not told of the confidential information from intelli......
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...Crime Squad [2003] EWCA CIV 02 2. Re Farrell & Wills [2008] MOB (G1L7063). paras 16-19 3. Doody [1994] 1 AC 531. 560D 4. Damien Neill [2009] NIQB 25 5. Secretary of State for the Home Department v AF(3) [2009] 3 WLR 74. ...