Donohoe, An Inquest Touching Upon the Death of [2022] NICoroner 9 10 (27 October 2022)

Donohoe, An Inquest Touching Upon the Death of [2022] NICoroner 9 10 (27 October 2022)

There is no mandatory requirement to summon a jury under section 18(1)(e) because steps have been taken to secure the culvert inlet, eliminating the risk of recurrence prejudicial to public health and safety. However, it is desirable to summon a jury under section 18(2) due to public concern, complexity, and the...

Source-derived case information.

Citation
[2022] NICoroner 9 10
Parties
Next of Kin (applicant): Fiona Donohoe; Interested Party: Department for Infrastructure (DfI); Interested Party: Police Service of Northern Ireland (PSNI)
Jurisdiction
Northern Ireland
Judgment Date
27 October 2022
Procedural Posture
Coroner's Inquest / Pre Inquest Application Regarding Jury
Outcome
Application for mandatory jury dismissed; discretion exercised to summon a jury.
Legal Topics
Jury Inquest, Section 18 Coroners’ Act (northern Ireland) 1959, Article 2 ECHR, Public Confidence, Risk of Recurrence
Coronial Law Public Safety Human Rights Jury Inquest Section 18 Coroners’ Act (northern Ireland) 1959 Article 2 ECHR Public Confidence Risk of Recurrence

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Parties

Fiona Donohoe

Next of Kin (applicant)

Department for Infrastructure (DfI)

Interested Party

Police Service of Northern Ireland (PSNI)

Interested Party

Procedural Posture

Coroner's Inquest / Pre Inquest Application Regarding Jury

Legal Issues

  1. 1 Is it mandatory under section 18(1)(e) of the Coroners’ Act (Northern Ireland) 1959 to summon a jury for the inquest into Noah Donohoe’s death?
  2. 2 Is it desirable under section 18(2) to summon a jury?
  3. 3 Does the risk of recurrence or public safety justify a jury?

Ratio Decidendi

There is no mandatory requirement to summon a jury under section 18(1)(e) because steps have been taken to secure the culvert inlet, eliminating the risk of recurrence prejudicial to public health and safety. However, it is desirable to summon a jury under section 18(2) due to public concern, complexity, and the strongly held views of the Next of Kin, with no real risk of perverse verdict or bias established.

Court Disposition

Application for mandatory jury dismissed; discretion exercised to summon a jury.

Orders

  • A jury will be summoned for the inquest into Noah Donohoe’s death pursuant to section 18(2) of the Coroners’ Act (Northern Ireland) 1959.
  • No reporting or commentary in public forums or social media that may affect juror impartiality.