Re Jessica Hamill for leave to apply for Judicial Review

JurisdictionNorthern Ireland
JudgeGillen J
Judgment Date11 April 2008
Neutral Citation[2008] NIQB 44
CourtQueen's Bench Division (Northern Ireland)
Date11 April 2008
Year2008
1
Neutral Citation no. [2008] NIQB 44 Ref:
GIL7142
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 (JUDICIAL REVIEW)
________
RE JESSICA HAMILL FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
_______
GILLEN J
The Application
[1] This is an application by Jessica Hamill (the applicant), the mother of
Robert Hamill deceased, for leave to judicially review a decision of the
Secretary of State for Northern Ireland (SOS) not to extend the terms of
reference of the Robert Hamill Inquiry to include the decisions made by the
Director of the Public Prosecution Service(PPS), his servants or agents and
those advising him. In addition she seeks an order of mandamus compelling
the Secretary of State to extend the terms of reference of the Robert Hamill
Inquiry.
Background
[2] On 16 November 2004, the SOS established an Inquiry under Section
44(1) of the Police (Northern Ireland) Act 1998(the 1998 Act). The terms of
reference were as follows:
“… To inquire into the death of Robert Hamill with a
view to determine whether any wrongful act or
omission by or within the Royal Ulster Constabulary
facilitated his death or obstructed the investigation of
it, or whether attempts were made to do so; whether
any such act was intentional or negligent; whether
investigation of his death was carried out with due
diligence and to make recommendation.”
[3] The Inquiry is chaired by Sir Edwin Jowitt, a retired judge of the High
Court of England and Wales. It was set up following the investigation by
Judge Cory, a retired Justice of the Supreme Court of Canada, into
“allegations of collusion by the security forces” in Northern Ireland.

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