Murray & ors v Farrell & anor [2018] IEHC 707 (23 October 2018)

Murray & ors v Farrell & anor [2018] IEHC 707 (23 October 2018)

The Coroner does not own the Garda investigation file and lacks jurisdiction to determine public interest privilege claims asserted by AGS. AGS lawfully asserted privilege over the file due to the ongoing investigation, and the applicants are not entitled to disclosure of the file. The inquest process is fair and transparent within statutory limits, and the applicants' rights under Article 2 ECHR and the Constitution have not been breached.

Citation
[2018] IEHC 707
Parties
Applicant: Fiona Murray; Applicant: Mairead Murray; Applicant: Siobhan Murray; Applicant: Patricia Murray; Respondent: Brian Farrell; Respondent: Commissioner of An Garda Síochána
Jurisdiction
Ireland
Judgment Date
23 October 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Disclosure of Evidence, Public Interest Privilege, Article 2 ECHR, Coroner's Jurisdiction, Fair Procedures
Administrative Law Human Rights Law Coroners Law Disclosure of Evidence Public Interest Privilege Article 2 ECHR Coroner's Jurisdiction Fair Procedures

Case Brief

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Parties

Fiona Murray

Applicant

Mairead Murray

Applicant

Siobhan Murray

Applicant

Patricia Murray

Applicant

Brian Farrell

Respondent

Commissioner of An Garda Síochána

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the refusal to disclose the Garda investigation file to the applicants breached their rights under Article 2 ECHR and the Constitution
  2. 2 Whether the Coroner's practice and procedure regarding transmission of information from An Garda Síochána is defective or lacks transparency
  3. 3 Whether the Coroner has jurisdiction to determine claims of public interest privilege

Ratio Decidendi

The Coroner does not own the Garda investigation file and lacks jurisdiction to determine public interest privilege claims asserted by AGS. AGS lawfully asserted privilege over the file due to the ongoing investigation, and the applicants are not entitled to disclosure of the file. The inquest process is fair and transparent within statutory limits, and the applicants' rights under Article 2 ECHR and the Constitution have not been breached.

Court Disposition

Application refused

Orders

  • No order for certiorari quashing Coroner's refusal to furnish Garda file
  • No declaration that Coroner's practices are defective or lack transparency