A Wallace V Colin Robert Kennedy
| Jurisdiction | Northern Ireland |
| Judge | Carswell LCJ |
| Judgment Date | 25 June 2003 |
| Neutral Citation | [2003] NICA 25 |
| Year | 2003 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 25 June 2003 |
1
Neutral Citation No. [2003] NICA 25 Ref:
CARF3956
Judgment: approved by the Court for handing down Delivered:
25.06.2003
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
BETWEEN:
A WALLACE
(Complainant) Appellant;
-and-
COLIN ROBERT KENNEDY
(Defendant) Respondent.
_____________
Before Carswell LCJ, Nicholson LJ and Campbell LJ
_________
CARSWELL LCJ
[1] This is an appeal by way of case stated against an order made by Mr
WA McNally, sitting as a deputy resident magistrate in North Antrim
Magistrates’ Court on 16 August 2002, whereby he dismissed a summons
brought against the respondent by the appellant, a chief inspector in the
Police Service of Northern Ireland, alleging a contravention on 11 June 2001
of a non-molestation order made on 24 January 2001, contrary to Article 25(a)
of the Family Homes and Domestic Violence (Northern Ireland) Order 1998
(“the 1998 Order").
[2] The order made on 24 January 2001, on the application of Natasha
Mildred Penny McClelland, was a non-molestation order under Article 20 of
the 1998 Order, whereby the respondent was forbidden, inter alia, to
intimidate, harass or pester the applicant. It was made by the resident
magistrate sitting in North Antrim Magistrates’ Court on an ex parte
application, pursuant to Article 23 of the 1998 Order, paragraphs (1) to (3) of
which provide as follows:
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A Trust v M
...arranging to hear the other side’s account, there is a risk that material information will not be made known. 43. In Wallace v Kennedy [2003] NICA 25, which involved a non-molestation order granted ex-parte, the Court of Appeal, in the Judgment delivered by Carswell, LCJ (as he then was), f......
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