McMahon’s (Aine) Application (Leave stage)
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 20 February 2013 |
| Neutral Citation | [2013] NIQB 22 |
| Court | Queen's Bench Division (Northern Ireland) |
| Docket Number | TRE8776 |
| Date | 20 February 2013 |
1
Neutral Citation No: [2013] NIQB 22
Ref:
TRE8776
Judgment: approved by the Court for handing down
Delivered:
20/2/2013
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
McMahon’s (Aine) Application [2013] NIQB 22
IN THE MATTER OF AINE McMAHON APPLYING FOR LEAVE FOR
JUDICIAL REVIEW
________
TREACY J
[1] By this application the applicant who is the partner of Gerald Devlin deceased
challenges the decision of the Coroner not to hold an inquest. The Order 53
statement erroneously refers to the date of the decision as 12 December 2013. I
presume this is a reference to the Coroner’s response to the pre-action protocol letter
dated 12 December 2012, but that in fact is not the date of the relevant decision as it
seems to me. By letter dated 30 September 2009 the Coroner wrote to the applicant’s
solicitor in the following terms:
“I am writing to advise you that I have now had an
opportunity of reading and considering the Crown’s
opening statement, the pleas and mitigation and the
sentencing remarks of Mr Justice Stephens. Having
done so I have concluded that there is no need for an
inquest to be held as all the facts relevant for inquest
purposes have been aired in the course of the criminal
proceedings. Ordinarily I would arrange for the
death to be registered, but in view of the penultimate
paragraph of your letter of 12 August I will take no
action for the time being. I will review the situation at
the end of November.”
[2] By further letter dated 30 July 2012 the Senior Coroner for Northern Ireland
Mr Leckey stated as follows:
“I have received your letter of 26 July enclosing a
copy of the judgment of Mr Justice Treacy. In relation
to your request that I should now arrange to hold an
inquest I am enclosing a copy of my letter of
30 September 2009 and I confirmed by letter of
To continue reading
Request your trial
3 cases
-
The Queen (on the application of Sharon Grice) v HM Senior Coroner of Brighton and Hove
...inquest thereafter will not be necessary. An inquest following a criminal trial was described as “the exception” in McMahon's Application [2013] NIQB 22 at [22] because “in most cases a criminal trial will involve a sufficient exploration of the circumstances surrounding the death”. It was ......
-
In the matter of an inquest into the death of Caragh Walsh
...will be a sufficient exploration of the circumstances surrounding the death.” [53] They also drew my attention to the cases of Re McMahon [2013] NIQB 22 and Re Downes [1998] 4 NIJB 91. Discussion [54] Rule 15 of the 1963 Rules requires that an inquest shall be directed solely at determining......
-
In the matter of an inquest into the death of Caragh Walsh
...will be a sufficient exploration of the circumstances surrounding the death.” [53] They also drew my attention to the cases of Re McMahon [2013] NIQB 22 and Re Downes [1998] 4 NIJB 91. Discussion [54] Rule 15 of the 1963 Rules requires that an inquest shall be directed solely at determining......