In the matter of an application by Peter Neill for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2006 |
| Neutral Citation | [2006] NICA 5 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2006 |
| Date | 08 March 2006 |
1
Neutral Citation No. [2006] NICA 5
Ref:
KERF5507
Judgment: approved by the Court for handing down
Delivered:
08/03/2006
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
IN THE MATTER OF AN APPLICATION BY PETER NEILL FOR
JUDICIAL REVIEW
________
Before Kerr LCJ, Nicholson LJ and Campbell LJ
________
KERR LCJ
Introduction
[1] Peter Neill is thirty eight years old. He has more than one hundred and
fifty convictions for offences ranging from burglary to assault and riotous
behaviour. The court appearances which resulted in these convictions
occurred between 1983 and 2005.
[2] For some time before March 2005 Mr Neill lived with his sister at 2E
Somerset Drive, Coleraine. Ms Neill is a tenant of the Northern Ireland
Housing Executive. The difficulties that the Executive have experienced since
Mr Neill went to live in Somerset Drive have been detailed in a statement
made by an assistant district manager. They have been inundated with
complaints and expressions of concern about his behaviour from other
tenants of the Executive. Police have been called to the premises on a number
of occasions when loud, drunken parties have been taking place. As well as
this, Mr Neill has been barred from a number of licensed premises because of
his behaviour.
[3] Against this background it is hardly surprising that in May 2005 Mr Neill
was served with a summons to answer a complaint of anti-social behaviour
under article 3 of the Anti social Behaviour (Northern Ireland) Order 2004.
The matter came on for hearing before Coleraine Magistrates’ Court on 11
May 2005 and the prosecution case against Mr Neill was presented on that
day. The case was then adjourned and was due to resume on 23 May. On 20
May Mr Neill’s solicitor, Pearse MacDermott, became aware that the Equality
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