In the matter of an application by Paul McIlwaine for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Campbell LJ |
| Judgment Date | 2008 |
| Neutral Citation | [2008] NICA 12 |
| Year | 2008 |
| Date | 29 February 2008 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation no. [2008] NICA 12 Ref:
CAM7091
Judgment: approved by the Court for handing down Delivered:
29/2/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
IN THE MATTER OF AN APPLICATION BY PAUL McILWAINE FOR
JUDICIAL REVIEW
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Before: Campbell LJ; Weatherup J and Sir Michael Nicholson
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CAMPBELL LJ
[1] On 19 February 2000 David McIlwaine, aged18 died as a result of knife
wounds that he received when he was attacked in Tandragee, County
Armagh. Another young man, Andrew Robb, was also mortally wounded in
the same incident.
[2] Shortly afterwards a number of people were arrested and questioned
by the police and one of them was later charged with murder. However, the
prosecution did not proceed with the charge and the person was released.
[3] Paul McIlwaine, the father of David McIlwaine and the respondent in
this appeal, became concerned that there had been no effective and prompt
investigation into the death of his son. On his instructions his solicitors wrote
to the Coroner for County Armagh (the appellant) on 18 January 2002
expressing concern that there had been no inquest and referring the Coroner
to the judgment of the European Court of Human Rights in Jordan and others v
United Kingdom (2001) 37 EHRR 97 where the Court stated that inquests are to
be held expeditiously. A request was made in the letter that before an inquest
took place disclosure should be made to Mr McIlwaine’s solicitors of all
statements of witnesses that were held by the Coroner.
[4] In his response the Coroner indicated that he was keeping the matter
under review with the police and that they had indicated to him that they
were not in a position to provide him with statements of evidence to allow
him to prepare proofs of depositions for presentation to an inquest. At the
suggestion of the Coroner the solicitors contacted the police and were told by
Detective Inspector Todd, the officer then in charge of the investigation, that
inquiries were continuing.
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