DOCSLIB.ORG

The Death Knell of Article 2?

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Death Knell of Article 2? FebruaryApril 2003 2005 The Death Knell of Article 2?January 2003 Readers of Just News will be familiar with the Appeal’s decision stands it has a number of implications for rapidly changing law surrounding the the legal system here. First, it is an extension of the conduct of inquests in Northern Ireland. The principles outlined by the House of Lord in the case of McKerr in that it closes down any possibility of individuals latest development has come in the form of invoking the Human Rights Act in domestic courts where the judgment of the NI Court of Appeal in Re the death in question occurred before 2nd October 2000. McCaughey and Grew’s application. Secondly, the judgment has implications for the conduct of Martin McCaughey and Desmond Grew were shot dead by inquests here. It appears that a “twin-track” inquest system the SAS on 9th October 1990 in circumstances that raised is emerging and that inquests into deaths which occurred fresh “shoot-to-kill” allegations. The inquest into their before the coming into force of the Human Rights Act will deaths is one of a number of outstanding inquests into be held according to the “old” system. This means that the deaths caused by the security forces here during the scope of such inquests will be limited to “ascertaining the conflict. As readers of Just News will know, a key hitherto identity of the deceased, the time and place of death and unresolved issue in the inquest is the role of the police in how, in the sense of ‘by what means’, the deceased met his providing material to the Coroner in advance of an inquest. death…”. While an amendment to the Coroners Rules In common with the inquests which are ongoing in means that, unlike before, a person suspected of causing Dungannon, the families of Martin McCaughey and Desmond a death is a compellable witness, the House of Lords has Grew are concerned that the Coroner in their case has not recognised (in the case of Middleton) that an inquest with been provided with all the material necessary to conduct this limited scope will not always comply with Article 2 (right the inquest. In addition, they complained that the police to life). It seems therefore that the inquest into the death had edited some of the documents given to the Coroner, of Patrick Shanaghan, already condemned as in violation deleting material that they (i.e. the police) considered might of Article 2 by the European Court of Human Rights, would attract public interest immunity. be conducted in the same manner today. The case was therefore concerned with the question of Many of the outstanding inquests which raise issues under whether there is, in law, a duty on the police to provide Article 2 relate to deaths raising politically sensitive material to the Coroner in advance of an inquest and if so, questions and allegations about the actions of servants or the extent of that duty. The High Court had previously held agents of the state. It is beginning to look like deaths such that there was such a duty and that it could be found by as those of Pearce Jordan, Dermot McShane and Roseann giving a wide meaning to section 8 of the Coroners Act Mallon will be conducted according to the “old system” and (Northern Ireland) 1959. The Court of Appeal disagreed be severely limited in scope. In a number of cases such and, allowing an appeal by the police, decided that:- an inquest will certainly not be enough to discharge the state’s Article 2 obligations. Will the families in those ? There is no duty on the police to disclose information cases be forced to take their cases to to the European to a Coroner once their initial duty to inform him/her of a Court of Human Rights, some of them for the second time? death immediately has been fulfilled; ? Section 8 of the Coroners Act could not be read in a way that imposed such a duty; ? Section 3 of the Human Rights Act 1998 could not be employed to interpret section 8 in a manner that is Contents compliant with Article 2 ECHR on the grounds that the Human Rights Act does not apply where the date of death The Death Knell of Article 2? 1 is prior to the coming into force of the Act; Basic Principles for a truth process ? That the earlier decision of the Court of Appeal in the in Northern Ireland 2/3 case of Jordan (delivered on 10th September 2004) was Update 3 incorrectly decided insofar as it ruled that section 3 was of The Truth of Bloody Sunday 4/5 general application and not dependent on the assertion of Reigning in Emergency Powers 6 the rights of an individual. Government Spending: Targeting Social or Political Need? 7 The McCaughey and Grew families are currently seeking Civil Liberties Diary 8 leave to appeal to the House of Lords. But if the Court of Website: www.caj.org.uk February 2005 Just News Basic Principles for a truth process in Northern Ireland The Northern Ireland Affairs Committee launched another 4. Procedures should be important study recently into the topic of “Reconciliation: article 2 and 3 compliant Ways of dealing with Northern Ireland’s past”. The Westminster based parliamentary committee has already In the Jordan et al cases, the European Court of Human Rights laid down a received testimony from internationally renowned expert, series of tests to ensure that any Priscilla Hayner of the International Centre for Transitional investigation into violations of the right Justice, and is now beginning to hear from a range of to life should be compliant with article individuals and groups across Northern Ireland. 2 of the Convention. Similarly the European Court of Human Rights has CAJ was invited to testify before the While CAJ’s mandate relates only to laid down tests for article 3 Committee and submitted a short two- the actions of the state, we believe investigations. Any acceptable page paper. The paper offers no clear that it is self-evident that any process must meet these standards. model for tackling the legacy of the examination of the past must take past but summarises the key principles place in the context of a full and 5. There can be no that should be the benchmarks against informed examination of the actions impunity or blanket amnesty which to measure any proposed model. of all relevant actors. Traditionally, CAJ turns to international Truth processes which grant human rights principles and good Obvious principles against which unqualified amnesty for those accused practice to see what can and cannot proposals must be measured include: of serious violations are in violation of be applied to the Northern Ireland human rights law. So, while there is a situation. To date, however, we have 1. Independence growing legal debate about what - found few clear international parallels, short of a blanket amnesty - is an so our contribution has been limited to Any process must be completely acceptable compromise when an elaboration of principles, rather independent of all parties to the conflict, reconciliation and political stability are than proposals for specific models. including the state. major concems, there can be no blanket immunity. While not ignoring the past, the opening Those who are charged with facilitating preamble of the Agreement says that the process must be persons of 6.The process should be it is to honour those who have died, sufficient standing in the international voluntary been injured, and their families, that human rights community to command we must “dedicate ourselves to a respect across the community in Victims should retain the option of future of reconciliation, tolerance, and Northern Ireland. pursuing their case through the normal mutual trust, and to the protection and legal process if they so choose, and vindication of the rights of all”. With ought not be forced to take part in a hindsight, there is increasing doubt, 2. Transparency truth and reconciliation process. as to whether it is either desirable or possible, to fully commit to a shared Cooperation on the part of the state and peaceful future, without some must include full disclosure of material 7. Acknowledgement of addressing of the legacy of the past. including documents relevant to the wrong-doing conflict. Nothing should be exempted From CAJ’s perspective, we have from this undertaking, save There must be acknowledgement from worked for many years with families information which would clearly put the state and all parties to the conflict who have lost loved ones during the someone’s life in danger. Any process that wrongs were committed, and there conflict - we have campaigned on must involve public hearings. must be undertakings from all parties individual cases; we have worked to to cooperate with a fair and impartial improve the inquest system; and we 3. Accountability truth seeking mechanism. have successfully taken cases to the European Court of Human Rights. Any The process should be primarily about 8. Integrity of criminal proposal for dealing with the past must ensuring that institutions and justice process should be build on these experiences, must be individuals are held accountable for upheld in accordance with domestic and their actions or inactions. This need international human rights standards, not necessarily be about punishment The conflict in Northern Ireland has and must properly engage with the or actual imprisonment, and a range of warped the criminal justice system rights of victims and others. accountability measures could be considered. contd on next page 2 February 2005 Just News contd.
Load more

Recommended publications
  • Northern Ireland
    NORTHERN IRELAND: TIME TO DEAL WitH THE PAst Amnesty International is a global movement of more than 3 million supporters, members and activists in more than 150 countries and territories who campaign to end grave abuses of human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. First published in 2013 by Amnesty International Ltd Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom © Amnesty International 2013 Index: EUR 45/004/2013 English Original language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. This publication is copyright, but may be reproduced by any method without fee for advocacy, campaigning and teaching purposes, but not for resale. The copyright holders request that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected] Cover photo: Cross-community peace mural designed by schoolchildren in Derry/Londonderry, Northern Ireland © Peyton Lea amnesty.org CONTENTS Glossary.......................................................................................................................4
    [Show full text]
  • Doing Policing
    DOING POLICING OFFICER 1 My first station was Ballymena. Ballymena in the 1960s was a thriving town, industrious with a thriving farming community around it. ‘The Troubles’ of the 1950s and early 60s, which was mainly confined to a Border Campaign, had ended. So, it was a very nice time in Ballymena with Showbands and Ballrooms for a young man to enjoy. I really enjoyed that, and I went to do duty in Portrush, for two summer seasons to supplement the local police down there; Portrush in those days was the holiday Mecca of the country. I met William Martin, the Sergeant there, who was the author of the ‘Black Manual’ or ‘Code’ (RUC Code of Conduct) which we had to study. He had lots of legal books around his office, when he found out I had passed the Sergeants Exam he brought me in and treated me as an’ Assistant Sergeant’. He actually allowed me to stand in for him one or two days when he was off, much to the chagrin of the older men who had been there a lifetime. The community got on well with us they wanted to help us and the holiday visitors wanted their photograph taken with us. I remember one occasion I was on mobile patrol in a 2 door Ford Anglia car, to get into the back you had to pull forward the front seat. I got a call to deal with a ‘Simple Drunk’ causing annoyance on the Main Street, I went round, and there he was showing all the signs of a drunk man but doing no real harm.
    [Show full text]
  • THE APPARATUS of IMPUNITY? Human Rights Violations and the Northern Ireland Conflict: a Narrative of Official Limitations on Post-Agreement Investigative Mechanisms
    THE APPARATUS OF IMPUNITY? Human rights violations and the Northern Ireland conflict: a narrative of official limitations on post-Agreement investigative mechanisms Committee on the Administration of Justice January 2015 The Apparatus of Impunity? Committee on the Administration of Justice (CAJ) © Committee on the Administration of Justice January 2015 The material may be reproduced, free of charge, in any format or medium without specific permission, provided the reproduction is not for financial or material gain.The material must be reproduced accurately and not used in a misleading context. If the material is to be republished or issued to others, acknowledgement must be given to its source, copyright status, and date of publication. This publication is available on our website. CAJ Committee on the Administration of Justice 2nd Floor, Sturgen Building 9-15 Queen Street Belfast BT1 6EA Tel: 028 9031 6000 Fax: 028 9031 4583 [email protected] www.caj.org.uk ISBN 978 1 873285 94 7 The Apparatus of Impunity? Committee on the Administration of Justice (CAJ) THE APPARATUS OF IMPUNITY? Human rights violations and the Northern Ireland conflict: a narrative of official limitations on post-Agreement investigative mechanisms Committee on the Administration of Justice January 2015 The Apparatus of Impunity? Committee on the Administration of Justice (CAJ) Recent comments from key Council of Europe and UN human rights bodies in relation to existing mechanisms investigating the conflict in Northern Ireland: The absence of any plausible explanation for the failure to collect key evidence at the time when this was possible, and for attempts to even obstruct this process, should be treated with particular vigilance.
    [Show full text]
  • Critical Engagement: Irish Republicanism, Memory Politics
    Critical Engagement Critical Engagement Irish republicanism, memory politics and policing Kevin Hearty LIVERPOOL UNIVERSITY PRESS First published 2017 by Liverpool University Press 4 Cambridge Street Liverpool L69 7ZU Copyright © 2017 Kevin Hearty The right of Kevin Hearty to be identified as the author of this book has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. British Library Cataloguing-in-Publication data A British Library CIP record is available print ISBN 978-1-78694-047-6 epdf ISBN 978-1-78694-828-1 Typeset by Carnegie Book Production, Lancaster Contents Acknowledgements vii List of Figures and Tables x List of Abbreviations xi Introduction 1 1 Understanding a Fraught Historical Relationship 25 2 Irish Republican Memory as Counter-Memory 55 3 Ideology and Policing 87 4 The Patriot Dead 121 5 Transition, ‘Never Again’ and ‘Moving On’ 149 6 The PSNI and ‘Community Policing’ 183 7 The PSNI and ‘Political Policing’ 217 Conclusion 249 References 263 Index 303 Acknowledgements Acknowledgements This book has evolved from my PhD thesis that was undertaken at the Transitional Justice Institute, University of Ulster (TJI). When I moved to the University of Warwick in early 2015 as a post-doc, my plans to develop the book came with me too. It represents the culmination of approximately five years of research, reading and (re)writing, during which I often found the mere thought of re-reading some of my work again nauseating; yet, with the encour- agement of many others, I persevered.
    [Show full text]
  • CAJ-Submission-To-The-Committee-Of
    Submission to the Committee of Ministers from the Committee on the Administration of Justice (CAJ) in relation to the supervision of the cases concerning the action of the security forces in Northern Ireland Jordan v the United Kingdom, judgment final on 4 August 2001 Kelly and Ors v the United Kingdom, judgment final on 4 August 2001 McKerr v the United Kingdom, judgment final on 4 August 2001 Shanaghan v the United Kingdom, judgment final on 4 August 2001 McShane v the United Kingdom, judgment final on 28 August 2002 Finucane v the United Kingdom, judgment final on 1 October 2003 and Hemsworth v UK, judgment final on 16 October 2013 McCaughey & Others v UK, judgment final on 16 October 2013 February 2019 1st Floor, Community House Citylink Business Park Tel – 028 9031 6000 6A Albert Street Email – [email protected] Belfast BT12 4HQ Web – www.caj.org.uk 1 The Committee on the Administration of Justice (CAJ) was established in 1981 and is an independent non-governmental organisation affiliated to the International Federation of Human Rights (FIDH). Its membership is drawn from across the community. This Rule 9 communication is for consideration at the 1340th meeting of the Ministers’ Deputies in March 2019. CAJ has regularly made Rule 9 communications to the Committee of Ministers on the ‘McKerr group of cases’ most recently in August 2017. These submissions have charted the evolution of the ‘package of measures’ agreed to by the UK further to the above judgments, and their proposed replacement with measures agreed by the UK and Ireland, and political parties in the Northern Ireland Executive, under the December 2014 Stormont House Agreement (SHA).
    [Show full text]
  • Just-News -September-2013
    CAJ Committee on the Just News Administration of Justice Promoting Justice / Protecting Rights Human Rights in Northern Ireland September 2013 Poet of conscience:Seamus Heaney In response to the tragic death of Nobel Laureate Seamus Heaney, we reprint his great poem “The Republic of Conscience,” which he first allowed us to use in June 2011 ed. for our 30th anniversary. picture taken from:http://www.pen-international.org/what-we-do-2/policy- advocacy/linguistic-rights/seamus-heaney/ When I landed in the republic of conscience I came back from that frugal republic it was so noiseless when the engines stopped with my two arms the one length, the customs I could hear a curlew high above the runway. woman having insisted my allowance was myself. At immigration, the clerk was an old man The old man rose and gazed into my face who produced a wallet from his homespun coat and said that was official recognition and showed me a photograph of my grandfather. that I was now a dual citizen. The woman in customs asked me to declare He therefore desired me when I got home the words of our traditional cures and charms to consider myself a representative to heal dumbness and avert the evil eye. and to speak on their behalf in my own tongue. No porters. No interpreter. No taxi. Their embassies,he said, were everywhere You carried your own burden and very soon but operated independently your symptoms of creeping privilege disappeared. and no ambassador would ever be relieved. (“From the Republic of Conscience”, by Seamus Heaney.
    [Show full text]
  • Breaking News - Fri, Mar 30, 2007 - Father of Man Shot by SAS Wins Ruling
    ireland.com - Breaking News - Fri, Mar 30, 2007 - Father of man shot by SAS wins ruling Mon, Apr 2, 2007 Sections 1. The Irish Times 2. Breaking News 3. Sport 4. Business 5. Technology 6. Weather 7. In Focus 8. Archive Search 9. Births, Marriages, Deaths ● Editions Search for ● Jobs ● Homes ● Cars Services ● Premium Email ● Travel ● Dating ● Frontpage Sales ● Photosales ● Ancestors ● Irish Times Training ● Mobile ● Reader Offers RSS Feeds http://www.ireland.com/newspaper/breaking/2007/0330/breaking49.htm (1 of 3)02/04/2007 10:20:25 ireland.com - Breaking News - Fri, Mar 30, 2007 - Father of man shot by SAS wins ruling Friday, March 30, 2007 Previous Day ● Home | ● World | ● Irish | ● Business | ● Sports Next Day Last Updated: 30/03/2007 15:53 Father of man shot by SAS wins ruling The father of a man shot dead by the SAS in Northern Ireland in 1990 today won a five-year legal battle over disclosure of confidential intelligence reports about the killing. The Law Lords ruled that the Police Service of Northern Ireland must hand over unabridged information about the shooting of Martin McCaughey and Dessie Grew by the undercover military unit outside Loughgall, Co Armagh, to the coroner who will hear the inquest into their deaths. The judgment overturned an earlier Northern Ireland Court of Appeal ruling that the PSNI was legally entitled to limit the information passed to the coroner. McCaughey (23) a former Sinn Féin councillor, and Grew (37) were shot dead close to some outbuildings in fields, and the nature of their wounds raised fresh allegations about a shoot-to-kill policy being operated by the security forces in the battle against terrorism in Northern Ireland.
    [Show full text]
  • Brenda Campbell QC
    Brenda Campbell QC YEAR OF CALL: 2002 | YEAR OF SILK: 2018 Brenda is a leading QC in criminal law and Inquests. She is regularly instructed to defend in the most serious of criminal allegations including murder, terrorism and international fraud. She is in addition a highly respected Inquest silk, representing families in Article 2 inquests, including historic or legacy Inquests and police shootings. "Brenda is absolutely outstanding. She is passionate and empathetic when representing families at inquests." CHAMBERS UK, 2021 (INQUESTS & INQUIRIES) "A fearsome defender who is socially conscious and really goes in to bat for her clients." CHAMBERS UK, 2021 (CRIME) "Brenda is outstanding. A formidable criminal defence advocate." LEGAL 500, 2021 (CRIME) "She's hard-working, thorough and astute and is a standout barrister in her grasp of the law and facts. You don't want to be on the wrong end of her examination." CHAMBERS UK, 2020 (INQUESTS & PUBLIC INQUIRIES) “A fearless advocate and an effective cross-examiner." CHAMBERS UK, 2020 (CRIME) If you would like to get in touch with Brenda please contact the clerking team: [email protected] | +44 (0)20 7993 7600 You can also contact Brenda directly: +44 (0)20 7993 7681 CRIMINAL DEFENCE Brenda is regularly instructed in high profile and complex criminal cases or to act on behalf of vulnerable defendants. She ensures a consistently high standard of representation, working closely with Instructing solicitors, junior counsel and clients to achieve the best outcome. NOTABLE CASES Murder R v LK, Central Criminal Court, (2020) An allegation of murder by shooting. The defendant shot at the deceased 6 times, hitting him with at least 5 shots.
    [Show full text]
  • S435 Submission to the Com
    Submission no. 435 Submission to the Committee of Ministers from the Committee on the Administration of Justice (CAJ) in relation to the supervision of the cases concerning the action of the security forces in Northern Ireland Jordan v the United Kingdom, judgment final on 4 August 2001 Kelly and Ors v the United Kingdom, judgment final on 4 August 2001 McKerr v the United Kingdom, judgment final on 4 August 2001 Shanaghan v the United Kingdom, judgment final on 4 August 2001 McShane v the United Kingdom, judgment final on 28 August 2002 Finucane v the United Kingdom, judgment final on 1 October 2003 and Hemsworth v UK, judgment final on 16 October 2013 McCaughey & Others v UK, judgment final on 16 October 2013 August 2014 2nd Floor, Sturgen Building Tel – 028 9031 6000 9-15 Queen Street Email – [email protected] Belfast BT1 6EA Web – www.caj.org.uk 1 The Committee on the Administration of Justice (CAJ) was established in 1981 and is an independent non-governmental organisation affiliated to the International Federation of Human Rights (FIDH). Its membership is drawn from across the community. CAJ seeks to secure the highest standards in the administration of justice in Northern Ireland by ensuring that the government complies with its responsibilities in international human rights law. CAJ works closely with other domestic and international human rights groups such as Amnesty International, the Lawyers Committee for Human Rights and Human Rights Watch and makes regular submissions to a number of United Nations and European bodies established to protect human rights.
    [Show full text]
  • Clonoe-Report-Lres
    AMBUSH, ASSASSINATION AND IMPUNITY The Killings of Kevin Barry O’Donnell, Patrick Vincent, Peter Clancy and Sean O’Farrell SUNDAY 16TH FEBRUARY 1992 L SHOOT IL T O K O K T I L T L O O H S THE UNTOLD STORIES OF RELATIVES, VICTIMS AND SURVIVORS AMBUSH, ASSASSINATION AND IMPUNITY The Killings of Peter Clancy, Sean Farrell, Kevin Barry O’Donnell and Patrick Vincent Relatives for Justice 39 Glen Road Belfast BT11 8BB Tel: 028 9062 7171 Fax: 028 9060 5558 Email: [email protected] www.relativesforjustice.com Relatives for Justice 42 Irish Street Dungannon Co. Tyrone BT70 1DQ Tel: 028 8775 1697 Email: [email protected] RELATIVES FOR JUSTICE Contents Introduction 3 The Harassment of Kevin Barry O’Donnell and Sean O’Farrell 4 Clonoe 16th February 1992 4 The Funerals 8 Pre-Meditated and Pre-Planned 10 Belfast High Court finds shooting “unjustified” 12 Who sanctioned the killings in Clonoe? 14 Shoot-To-Kill Policy 16 International Intervention 22 1 HUMAN RIGhts New opportunities 23 International standards 23 Families Developing Article 2 Standards 25 Inquests 25 The Right to Legal Representation 27 Conclusion 27 Key Points 28 The Families make the Following Calls 29 Biographies of Deceased 30 Acknowledgements 32 PETER CLANCY, SEAN FARRELL, KEVIN BARRY O’DONNELL, PATRICK VINCENT PETER CLANCY, SEAN FARRELL, KEVIN BARRY O’DONNELL, PATRICK VINCENT PETER CLANCY, SEAN FARRELL, KEVIN BARRY O’DONNELL, PATRICK VINCENT PETER CLANCY, SEAN FARRELL, KEVIN BARRY O’DONNELL, PATRICK VINCENT PETER CLANCY, SEAN FARRELL, KEVIN BARRY O’DONNELL,
    [Show full text]
  • Supreme Court Judgement of an Application by Bridgit Mccaughey
    Easter Term [2011] UKSC 20 On appeal from: [2010] NICA 10 JUDGMENT In the matter of an application by Brigid McCaughey and another for Judicial Review (Northern Ireland) before Lord Phillips, President Lord Hope, Deputy President Lord Rodger Lady Hale Lord Brown Lord Kerr Lord Dyson JUDGMENT GIVEN ON 18 May 2011 Heard on 2 and 3 February 2011 Appellant Respondent Karen Quinlivan Frank O’Donoghue QC Jessica Simor Sean Doran BL (Instructed by Madden & (Instructed by Coroner’s Finucane) Service for Northern Ireland) Respondent Intervener Paul Maguire QC Rabinder Singh QC Dr Tony McGleenan BL Fiona Doherty BL (Instructed by Instructed (Instructed by Northern by Crown Solicitor’s Ireland Human Rights Office) Commission and Equality and Human Rights Commission) Intervener John Larkin QC David Scoffield BL (Attorney General for Northern Ireland) LORD PHILLIPS Introduction 1. These appeals require the Court to consider once again the impact of article 2 of the European Convention on Human Rights (“the Convention”) on the scope of an inquest. They arise because of a change that the Grand Chamber of the Strasbourg Court has made as to the nature of the obligations imposed by article 2. I shall start by describing briefly the nature of that change. 2. The Convention is a living instrument and over time the Strasbourg Court has extended the ambit of application of Convention rights in many areas. Article 2 provides a good example of this tendency. Article 2 provides that “(1) Everyone’s right to life shall be protected by law. No one shall be deprived
    [Show full text]
  • 10/03/2017 in Her Majesty's Court of Appeal in Northern Ireland
    Neutral Citation No: [2017] NICA 16 Ref: MOR10249 Judgment: approved by the Court for handing down Delivered: 10/03/2017 (subject to editorial corrections)* IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND ________ ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND QUEEN’S BENCH DIVISION (JUDICIAL REVIEW) ________ IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW BY SALLY GRIBBEN AND IN THE MATTER OF DECISIONS MADE BY THE CORONER FOR BELFAST IN THE INQUEST TOUCHING ON THE DEATHS OF MARTIN McCAUGHEY AND DESMOND GREW Before: Morgan LCJ, Gillen LJ and Weir LJ ________ MORGAN LCJ (delivering the judgment of the court) [1] This is an appeal against the decision of Weatherup J whereby he dismissed the appellant’s application for judicial review of decisions made by the coroner during the inquest into the fatal shooting of Martin McCaughey and Desmond Grew in October 1990 by soldiers who were part of a specialist military unit as a result of which it was claimed that the appellant’s rights under Article 2 ECHR were violated. Ms Quinlivan QC appeared for the appellant with Ms Campbell, Mr Simpson QC appeared with Mr Doran QC for the Coroner, Mr Perry QC with Ms Cumberland for the Ministry of Defence and Mr McGleenan QC for the PSNI. We are grateful to all counsel for their helpful oral and written submissions. [2] The appellant contends that the learned trial judge erred in failing to find that the inquest did not satisfy the adjectival obligation in Article 2 ECHR for the following reasons: 1 (i) the Coroner
    [Show full text]