McKerr's (Johathan) Application

JurisdictionNorthern Ireland
JudgeCarswell LCJ
Judgment Date10 January 2003
Neutral Citation[2003] NICA 1
Date10 January 2003
Year2003
CourtCourt of Appeal (Northern Ireland)
1
Neutral Citation No. [2003] NICA 1 Ref:
CARF3833
Judgment: approved by the Court for handing down Delivered:
10.01.2003
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_____
IN THE MATTER OF AN APPLICATION BY JONATHAN McKERR FOR
JUDICIAL REVIEW
_____
Before: Carswell LCJ, McCollum LJ and Coghlin J
_____
CARSWELL LCJ
[1] The appellant is the father of Gervaise McKerr, who on 11 November
1982 was, together with two other men, shot dead by police officers. The
circumstances of the shooting have been the subject of considerable
investigation since that time, but remain a matter of unresolved controversy.
It is not the function of this court in these proceedings to attempt any
resolution of that controversy, and we shall express no opinion on the facts
surrounding the death of the three men.
[2] An inquest into the death of the deceased men was opened by the
Coroner for Armagh on 4 June 1984, after the criminal trial of three police
officers for murder ended in their acquittal. The sequence of events between
1984 and 1994, culminating in the abandonment by the coroner of the inquest
on 8 September 1994, is set out in detail in paragraphs 11 to 63 of the
judgment of the European Court of Human Rights given on 4 May 2001 in the
case of McKerr v UK (Application no 28883/95). The proceedings in that case
were conducted simultaneously with those in the cases of Jordan v UK and
Kelly and others v UK, both of which also involved deaths at the hands of
members of the Security Forces, and Shanaghan v UK, in which it was alleged
that there was police complicity in the murder of the deceased by
paramilitaries.
[3] In its judgment the ECtHR held that the national authorities had failed
in the obligation imposed by Article 2 of the European Convention on Human
Rights to carry out a prompt and effective investigation into the
circumstances of the death. It awarded to the appellant the sum of £10,000

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1 cases
  • Re McKerr
    • United Kingdom
    • House of Lords
    • 11 March 2004
    ...Lord Steyn Lord Hoffmann Lord Rodger of Earlsferry Lord Brown of Eaton-under-Heywood HOUSE OF LORDS Session 2003-04 on appeal from: [2003] NICA 1 OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE LORD NICHOLLS OF BIRKENHEAD My Lords, 1 This is a test case. It arises out of the absen......
1 books & journal articles
  • Lost on the Way Home? The Right to Life in Northern Ireland
    • United Kingdom
    • Wiley Journal of Law and Society No. 32-1, March 2005
    • 1 March 2005
    ...796; and R (Kahn) v. HM Coroner forWest Hertfordshire & Anor [2002] EWHC 302 (Admin).38 In Re McKerr, Q.B.D. (26 July 2002); McKerr, Re [2003] N.I. 117 (10 January 2003);Jordan, Re Application for Judicial Review [2004], op. cit., n. 35; In Re McKerr(Northern Ireland) [2004] 1 W.L.R. 807.39......

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