A Wallace v Paul Devine, Kieran Kelly and Roger Alexander McLaughlin
| Jurisdiction | Northern Ireland |
| Judge | District Judge (MC) Meehan |
| Judgment Date | 16 April 2002 |
| Neutral Citation | [2002] NIMag 19 |
| Court | Magistrates' Court (Northern Ireland) |
| Date | 16 April 2002 |
1
Mag19
Written Ruling hande d down at Strabane Pe tty Sessions on 16 th April 2002.
Third Party Disclosure; application in respect of all relevant papers held by The
Compensation Agency; sought for the purposes of cross-examination; whether the
provisions contained in S. 51B of The Judicature (N I) Act 1978 apply to Magis trates’
Court proceedings; whether, in the alternative, the power to issue a witness summons
in the Magistrates’ Courts can be used to obtain advance discovery.
A WALLACE
Complainant
PAUL DEVINE
Defendant
A WALLACE
Complainant
KIERAN KELLY
Defendant
A WALLACE
Complainant
ROGER ALEXANDER
McLAUGHLIN
Defendant
Petty Sessions District of Strabane
County Court Division of Fermanagh and
Tyrone
Ruling on Application s for Third Party Disclosure
These 3 cases are each the subject of an Application for Third party Disclosure.
In each case the defendant is charged with an indictable offence. In each case the
defendant, on 13th December last, elected for summary trial and pleaded not
guilty. Paul Devine is charged with unlawfully and maliciously inflicting grievous
bodily harm upon Padraig Martin Harvey; contrary to Section 20 of the offences
Against the Person Act 1861; Kieran Kelly is charged in the same terms, each of
those two accused being charged with having committed the offence along with
the other, while Roger McLaughlin is charged with assault occasioning actual
bodily harm upon Aaron Harvey, contrary to Section 47 of the offences Against
the Person Act 1861. The incidents giving rise to these charges are all stated to
have occurred on 12th November 2000 in this County Court Division.
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