McNally & Ors, Inquest into the Deaths Of (Rev1) [2024] NICoroner 22 (11 April 2024)

McNally & Ors, Inquest into the Deaths Of (Rev1) [2024] NICoroner 22 (11 April 2024)

The deaths of Lawrence Joseph McNally, Anthony Patrick Doris, and Michael James Ryan occurred as a result of the use of lethal force by members of a Specialist Military Unit during a security operation in Coagh on 3 June 1991. The operation was planned and authorised at senior police and military levels in response to intelligence of an imminent attack by East Tyrone PIRA. The force used was found to be in response to an immediate and lethal threat posed by the deceased, who were armed and engaged in a terrorist operation. The planning and control of the operation, while not without flaws, was not so deficient as to constitute a breach of Article 2 ECHR. The use of force was justified in...

Citation
[2024] NICoroner 22
Parties
Deceased: Lawrence Joseph McNally (deceased); Deceased: Anthony Patrick Doris (deceased); Deceased: Michael James Ryan (deceased); Coroner: Coroner's Service for Northern Ireland; Interested Party: Police Service of Northern Ireland (PSNI); Interested Party: Ministry of Defence (MOD); Interested Party: Former Military Witnesses (FMWs); Witness: Soldier AA; Witness: Witness XX
Jurisdiction
Northern Ireland
Judgment Date
11 April 2024
Procedural Posture
Inquest / Findings and Verdict
Outcome
Deaths resulted from the use of lethal force by state agents during a security operation; use of force justified in the circumstances; no breach of Article 2 ECHR established.
Legal Topics
Article 2 ECHR (right to Life), Use of Lethal Force by State Agents, Planning and Control of Security Operations, Self Defence, Coroners (practice and Procedure) Rules (northern Ireland) 1963
Human Rights Law Coronial Law Criminal Law Article 2 ECHR (right to Life) Use of Lethal Force by State Agents Planning and Control of Security Operations Self Defence Coroners (practice and Procedure) Rules (northern Ireland) 1963

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Parties

Lawrence Joseph McNally (deceased)

Deceased

Anthony Patrick Doris (deceased)

Deceased

Michael James Ryan (deceased)

Deceased

Coroner's Service for Northern Ireland

Coroner

Police Service of Northern Ireland (PSNI)

Interested Party

Ministry of Defence (MOD)

Interested Party

Former Military Witnesses (FMWs)

Interested Party

Soldier AA

Witness

Witness XX

Witness

Procedural Posture

Inquest / Findings and Verdict

Legal Issues

  1. 1 Whether the deaths of Lawrence Joseph McNally, Anthony Patrick Doris, and Michael James Ryan resulted from the use of lethal force by state agents in compliance with Article 2 ECHR.
  2. 2 Whether the planning and control of the military operation at Coagh on 3 June 1991 minimised the need for recourse to lethal force.
  3. 3 Whether the force used was reasonable and justified in the circumstances.

Ratio Decidendi

The deaths of Lawrence Joseph McNally, Anthony Patrick Doris, and Michael James Ryan occurred as a result of the use of lethal force by members of a Specialist Military Unit during a security operation in Coagh on 3 June 1991. The operation was planned and authorised at senior police and military levels in response to intelligence of an imminent attack by East Tyrone PIRA. The force used was found to be in response to an immediate and lethal threat posed by the deceased, who were armed and engaged in a terrorist operation. The planning and control of the operation, while not without flaws, was not so deficient as to constitute a breach of Article 2 ECHR. The use of force was justified in...

Court Disposition

Deaths resulted from the use of lethal force by state agents during a security operation; use of force justified in the circumstances; no breach of Article 2 ECHR established.