In the matter of an application by Michael Gerard Magee for Leave to apply for Judicial Review and in the matter of a Decision of the Secretary of State for Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Girvan J |
| Judgment Date | 16 September 2004 |
| Neutral Citation | [2004] NIQB 57 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 16 September 2004 |
| Year | 2004 |
1
Judicial review – Criminal Justice Act 1988 – Claim for compensation for
miscarriage of justice – claim is alternative under ex parte scheme – whether
applicant victim of miscarriage – whether decision of Secretary of State
flawed.
Neutral Citation no. [2004] NIQB 57
Ref:
GIRF5070
Judgment: approved by the Court for handing down Delivered:
16/09/04
(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 MICHAEL GERARD
MAGEE FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
_______
AND IN THE MATTER OF A DECISION OF THE SECRETARY OF
STATE FOR NORTHERN IRELAND
________
GIRVAN J
[1] The applicant is Michael Gerard Magee who in this application
challenges the decisions of the Secretary of State for Northern Ireland (“the
Secretary of State”) refusing him compensation both under section 133 of the
Criminal Justice Act 1988 and under the ex gratia scheme for the
compensation of people who spent time in custody following a wrongful
conviction.
[2] The applicant was convicted of a number of scheduled offences before
a judge sitting without a jury at Belfast Crown Court. The Crown case was
that the applicant with a number of other accused persons was involved in
the assembly and transporting of a terrorist bomb to a culvert designed to be
blown up as members of the security forces passed by. The evidence against
the accused consisted of oral admissions and a written statement made by
him during police questioning at Castlereagh Holding Centre (“Castlereagh”).
The applicant’s defence was that he suffered substantial ill-treatment from
two of the interviewing detectives. This case the court rejected. The trial
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3 cases
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Magee’s (Gerard) Application
...of the Secretary of State. This was heard by Girvan J, as he then was, whose judgment is reported sub nomine In Re Michael Gerard Magee [2004] NIQB 57. [18] The judge sets out at paragraph [6] the submissions of Mr Treacy QC on behalf of the present appellant contending that the following c......
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McNally's (Conor) Application
...in a certain light. The decision in Bateman and Howse was applied by the House of Lords. [60] In the case of In Re Michael Gerard Magee [2004] NIQB 57 Girvan J (as he then was) rejected the submissions of counsel on behalf of the applicant contending that the following could be characterise......
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Adams (Gerard) Application for Judicial Review and in the matter of a decision of the Department of Justice
...in a certain light. The decision in Bateman and Howse was applied by the House of Lords. [60] In the case of In Re Michael Gerard Magee [2004] NIQB 57 Girvan J (as he then was) rejected the submissions of counsel on behalf of the applicant 16 contending that the following could be character......