In the matter of an application by Christine Forde for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 2008 |
| Neutral Citation | [2008] NIQB 40 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 11 April 2008 |
Neutral Citation no. [2008] NIQB 40 Ref:
GIL7059
Judgment: approved by the Court for handing down Delivered:
11/04/08
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
CROWN SIDE
________
IN THE MATTER OF AN APPLICATION BY CHRISTINE FORDE
FOR JUDICIAL REVIEW
_______________
GILLEN J
Introduction
[1] The applicant in this case is the mother of Clifford Michael Forde (date
of birth 5 December 1984 and hereinafter described as the “deceased”) who
died on 13 July 2006 as a result of a fall from a balcony of his room on the
fourth floor of a hotel in which he was staying in Ibiza, Spain. The applicant
does not accept the findings of an investigation carried out in Spain that
concluded her son committed suicide. The deceased’s body was returned to
Northern Ireland and shortly thereafter cremated. The applicant has
requested that the coroner for Northern Ireland, Mr John Leckey, hold an
inquest into his death but that request has been declined on the basis that
there is no jurisdiction to hold such a request. The subject of this Judicial
Review is a decision by the Attorney General on 19 September 2007 not to
instruct the senior Coroner for Northern Ireland to hold an inquest into the
death of the deceased. The applicant seeks an order of certiorari to quash that
decision and in addition a declaration that the Attorney General is
empowered by Section 14 of the Coroners Act (Northern Ireland) 1959 (“the
1959 Act”) to direct any coroner in Northern Ireland to conduct an inquest
into the death of any citizen of Northern Ireland whose death has occurred
abroad and whose body has been returned to Northern Ireland. In essence
the applicant seeks a definitive construction by the court of Section 14 of the
1959 Act and, although it is not strictly part of the judicial review
proceedings, of Section 13 of the same Act. Mr O’Donoghue QC, who
appeared on behalf of the applicant with Mr O’Connor, submitted that
although the relief sought did not expressly request any relief in relation to
Section 13, the court was obliged to consider its meaning in order to construe
Section 14 of the Act.
Statutory framework
[2] The following are the relevant extracts from the 1959 Act which have
been referred to during this case or are mentioned in this judgment:
“2.-(1) The Lord Chancellor may appoint one, or more
than one, coroner and deputy coroner for such district
or districts and on such condition as to numbers, . . .
as the Lord Chancellor . . . may determine
. . . ………………………………
6.-(1) Subject to the provisions of sub-section (2) and
or section 14 a coroner shall hold inquests only within
the district for which he is, or is deemed to have been
become appointed under this Act.
. . . . . . . . . . . . . . . . . . . . . . . .. . . . .
7. Every medical practitioner, registrar of deaths or
funeral undertaker and every occupier of a house or
mobile dwelling and every person in charge of any
institution or premises in which a deceased person
was residing, who has reason to believe that the
deceased person died, either directly or indirectly, as
a result of violence or misadventure or any unfair
means, or as a result of negligence or misconduct or
malpractice on the part of others, or from any cause
other than natural illness or disease . . . shall
immediately notify the coroner within whose district
the body of such deceased person is of the facts and
circumstances relating to the death.
8. Whenever a dead body is found, or an unexpected
or unexplained death, or a death attended by
suspicious circumstances, occurs, the district
inspector within whose district the body is found, or
the death occurs, shall give or cause to be given
immediate notice in writing thereof to the coroner
within whose district the body is found or the death
occurs, together with such information also in writing
as he is able to obtain concerning the finding of the
body or concerning the death.
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