In the matter of an Application by Owen McCaughey and Pat Grew for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 20 January 2004 |
| Neutral Citation | [2004] NIQB 2 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 20 January 2004 |
| Year | 2004 |
1
Neutral Citation no. [2004] NIQB 2
Ref:
WEAA4518
Judgment: approved by the Court for handing down
Delivered:
20/01/2004
(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 OWEN McCAUGHEY & PAT
GREW FOR JUDICIAL REVIEW
WEATHERUP J
[1] This is an application by the fathers of Martin McCaughey and Desmond
Grew, who were killed by soldiers on 9 October 1990, for Judicial Review of the
decisions of the Chief Constable and the Coroner concerning the disclosure of
documents for the purposes of the Inquests into the deaths. Since the Judicial
Review proceedings commenced on 17 October 2003 there have been some
developments in relation to the disclosure of documents and the application now
concerns the disclosure to the Coroner of three documents retained by police. First,
a copy of the police report prepared for the Director of Public Prosecutions.
Second, the DPP directions in response to the police report, which directed no
prosecution. Third, unredacted copies of intelligence reports gathered by the
police, redacted copies having been forwarded to the Coroner by the police.
[2] The applicants’ claim that the police are under a duty to disclose these
documents to the Coroner under section 8 of the Coroners Act (NI) 1959 and at
common law and under Article 2 of the European Convention on Human Rights.
Further the applicants’ claim a breach of Article 2 in that there has been a failure
by the Coroner to act promptly and with reasonable expedition in the conduct of
the Inquests.
[3] The deaths occurred on 9 October 1990; the Director of Public Prosecutions
directed no prosecution on 2 April 1993; the papers were forwarded by the police
to the Coroner on 26 October 1994; on 23 April 2002 the Coroner wrote to the
police requesting certain documents; on 11 June 2002 the applicants’ solicitors
wrote to the Coroner requesting disclosure of documents; there then followed
correspondence in relation to those documents involving all concerned parties; on
17 October 2003 the application for leave to apply for judicial review commenced;
To continue reading
Request your trial
6 cases
-
Assistant Deputy Coroner for Inner West London v Channel 4 Television Corpn and another
...this context may be the subject of judicial review.) My attention was drawn in this context to Re McCaughey (Judicial Review Application) [2004] NIQB 2 at [11]. This was not about the protection of journalists' sources, but rather was concerned with the possible chilling effect on police pa......
-
Jordan v Lord Chancellor and Another; McCaughey v Chief Constable of the Police Service of Northern Ireland
...of the police officer who investigated the deaths and unrelated intelligence reports) to the coroner: Re McCaughey and Grew's Application 2004 NIQB 2. He also held that the inquest was unduly delayed, in breach of article 2. The Chief Constable appealed. The Court of Appeal allowed the appe......
-
Worcestershire County Council (First Claimant) Worcestershire Safeguarding Children Board (Second Claimant) v Hm Coroner for the County of Worcestershire
...role and on which Parliament has conferred powers which are in many respects as extensive as those of the High Court". 70 In McCaughey (Judicial Review Application) [2004] NI QB 2 the court was dealing with an application concerning the non-disclosure to the coroner of a police report prepa......
-
Re McKerr
... ... On 12 December 1982 Peter Grew and Roderick Carroll were shot and killed. These ... investigation and because of two sets of judicial review proceedings. Both sets of proceedings came ... The application to Strasbourg ... 8 ... human rights obligations on the state as a matter of domestic law in advance of the date on which a ... in Northern Ireland, 1998, 15-02; In re McCaughey and Another ( Unreported) 20 January 2004 , per ... ...
Request a trial to view additional results
1 books & journal articles
-
Lost on the Way Home? The Right to Life in Northern Ireland
...op. cit., n. 21, p. 5; N.I. Human RightsCommission, op. cit., n. 21, para. 23. McCaughey & Another, Re Application forJudicial Review [2004] N.I.Q.B. 2 (20 January 2004) later changed the law on PIIswith respect to inquests, finding that Police or Ministry of Defence are under a duty todisc......