In the matter of an application by Lawrence Kincaid for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2007 |
| Neutral Citation | [2007] NIQB 26 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2007 |
| Date | 19 April 2007 |
1
Neutral Citation no. [2007] NIQB 26
Ref:
KERF5807
Judgment: approved by the Court for handing down Delivered:
19/4/07
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
__________
IN THE MATTER OF AN APPLICATION BY LAWRENCE KINCAID FOR
JUDICIAL REVIEW
__________
Before Kerr LCJ and Weatherup J
__________
KERR LCJ
Introduction
[1] This is an application by Lawrence Kincaid for judicial review of the avowed
failure of the Public Prosecution Service to provide reasons for the decision not to
prosecute one Trevor Dowie for shooting the applicant. The decision not to
prosecute Mr Dowie is also challenged.
[2] It is common case that in the early hours of the morning of 7 August 2005 the
applicant was shot and injured by Mr Dowie. At the time of the shooting, Mr
Kincaid was on a motor cycle outside Mr Dowie’s house and his companion,
William Anderson, was in Mr Dowie’s garden throwing garden slates at the
window of the house. It is alleged that the applicant was involved with Mr
Anderson in an attack on Mr Dowie’s home and he has been charged with
attempting to intimidate Mr Dowie and with committing criminal damage to his
property. The applicant has denied these charges and is awaiting trial.
Factual background
[3] Mr Dowie claims that as he lay in bed asleep on the morning of 7 August 2005
he was awakened by loud bangs which he believed were either petrol or pipe
bombs. On going to the window of his bedroom he saw a man astride a
motorcycle. He heard this man shout, “Finish them all” or “Finish them
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Re Loughlin (application for judicial review (Northern Ireland))
...Prosecutions, Ex p Manning [2001] QB 330; Mohit v Director of Public Prosecutions of Mauritius [2006] UKPC 20; [2006] 1 WLR 3343; In re Lawrence Kincaid [2007] NlQB 26; Sharma v Brown-Antoine [2007] 1 WLR 870; McCabe [2010] NIQB 58; and In re Mooney's Application [2014] NIQB 48 all imp......
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