Norney, Inquest into the Death of (Re Anonymity and Screening Ruling) [2023] NICoroner 12 (06 September 2023)

Norney, Inquest into the Death of (Re Anonymity and Screening Ruling) [2023] NICoroner 12 (06 September 2023)

Anonymity for former military witnesses should be maintained due to increased threat level, ongoing criminal referral, and absence of decreased risk; lifting anonymity would prejudice rights in potential future proceedings and does not breach Article 2 ECHR obligations.

Citation
[2023] NICoroner 12
Parties
Deceased: Leo Norney; Former Soldier, Witness: M1; Former Soldier, Witness: M2; Former Soldier, Witness: M3; Properly Interested Person: Next of kin of Leo Norney; Properly Interested Person: MOD (Ministry of Defence)
Jurisdiction
Northern Ireland
Judgment Date
06 September 2023
Procedural Posture
Inquest / Final Ruling on Anonymity and Screening
Outcome
anonymity orders maintained, inquest closed
Legal Topics
Anonymity Orders, Article 2 ECHR Compliance, Referral to DPP, Threat Assessment, Open Justice
Coronial Law Human Rights Law Criminal Law Anonymity Orders Article 2 ECHR Compliance Referral to DPP Threat Assessment Open Justice

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Parties

Leo Norney

Deceased

M1

Former Soldier, Witness

M2

Former Soldier, Witness

M3

Former Soldier, Witness

Next of kin of Leo Norney

Properly Interested Person

MOD (Ministry of Defence)

Properly Interested Person

Procedural Posture

Inquest / Final Ruling on Anonymity and Screening

Legal Issues

  1. 1 Should anonymity orders for former military witnesses be lifted?
  2. 2 Does maintaining anonymity comply with Article 2 ECHR?
  3. 3 Is there a material change in circumstances warranting review of anonymity orders?

Ratio Decidendi

Anonymity for former military witnesses should be maintained due to increased threat level, ongoing criminal referral, and absence of decreased risk; lifting anonymity would prejudice rights in potential future proceedings and does not breach Article 2 ECHR obligations.

Court Disposition

anonymity orders maintained, inquest closed

Orders

  • Anonymity for M1, M2, M3, M4, M18, M62, M20, and M61 to remain in place for delivery of findings and referral to DPP.
  • Inquest closed; all coroner functions discharged.