Watt, In the matter of the inquest touching upon [2017] NICoroner 2 (27 April 2017)

Watt, In the matter of the inquest touching upon [2017] NICoroner 2 (27 April 2017)

The evidence available, including expert pathological testimony, established that Bernard Watt was shot and killed by a high velocity bullet fired by a soldier, but there was no credible evidence he was holding an explosive device. The use of lethal force was not justified, and the inquest complied with Article 2 ECHR procedural requirements by determining the circumstances of death without attributing criminal or civil liability.

Citation
[2017] NICoroner 2
Parties
Deceased: Bernard Watt; Interested Party: Watt family; State Agent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
27 April 2017
Procedural Posture
Inquest / Final Judgment
Outcome
Narrative verdict; use of lethal force not justified.
Legal Topics
Article 2 ECHR, Use of Lethal Force, Delay in Proceedings, Standard of Proof, Fact Finding Inquests
Coronial Law Human Rights Article 2 ECHR Use of Lethal Force Delay in Proceedings Standard of Proof Fact Finding Inquests

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Parties

Bernard Watt

Deceased

Watt family

Interested Party

Ministry of Defence

State Agent

Procedural Posture

Inquest / Final Judgment

Legal Issues

  1. 1 How did Bernard Watt come by his death?
  2. 2 Was the use of lethal force by military personnel justified?
  3. 3 Did the inquest comply with Article 2 ECHR procedural requirements?

Ratio Decidendi

The evidence available, including expert pathological testimony, established that Bernard Watt was shot and killed by a high velocity bullet fired by a soldier, but there was no credible evidence he was holding an explosive device. The use of lethal force was not justified, and the inquest complied with Article 2 ECHR procedural requirements by determining the circumstances of death without attributing criminal or civil liability.

Court Disposition

Narrative verdict; use of lethal force not justified.

Orders

  • Findings to be recorded on Form 21 and Form 22 documents.
  • No attribution of civil or criminal liability.