Re Rooney
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1995 |
| Date | 01 January 1995 |
| Court | Court of Appeal (Northern Ireland) |
- Affidavit filed in connection with judicial review proceedings - Discovery of documents referred to in affidavit -no discovery to check accuracy of affidavit by respondent unless prima facie that affidavit false -Chief Constable's decision to revoke firearms licence based on security information implicating applicant - Applicant asserting that he was not a member of a proscribed organisation - Whether applicant adduced sufficient material to show that evidence relied on by chief constable incorrect or inadequate - Whether applicant entitled to discovery of documents referred to in chief constable's affidavit - Whether applicant denied opportunity to address representations to chief constable and required discovery to make such representations.
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R. applied for judicial review of the refusal by the Secretary of State for Northern Ireland of his appeal against the decision of the Chief Constable of the Royal Ulster Constabulary to revoke his firearms certificate on the ground that he was unfitted to be in possession of the said firearms and ammunition. R. sought general discovery of the documents referred to in an affidavit sworn by a police superintendent, to whom the chief constable had delegated his functions in relation to the revocation of firearm certificates, and in particular of a report from the Royal Ulster Constabulary Special Branch on information held on R. which had led them to believe that he was a member of a proscribed organisation. Kerr J. dismissed the application for discovery. R. appealed contending: (1) that by deposing on affidavit that he was not and never had been a member of the proscribed organisation, R. had adduced sufficient material tending to show that the evidence relied on by the chief constable and Secretary of State was either incorrect or inadequate and therefore it would be proper to allow discovery of the documents upon which they had relied in the decision-making; and (2) that R. had not been given any or sufficient opportunity to address representations to the chief constable or Secretary of State about the revocation of the certificate and that to do so effectively, he needed to know on what grounds the licence had been revoked, and in order to ascertain those and check their validity he required discovery of the documents in which they appeared. Held - (1)(a) Where Parliament had given to a minister or other person or body a discretion, such as that given to the Secretary of...
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