Murphy & Ors, R. v (Rev1) [2025] NICA 41 (17 September 2025)

Murphy & Ors, R. v (Rev1) [2025] NICA 41 (17 September 2025)

By majority, the court found that the level of deliberate police misconduct was sufficient to offend the court’s sense of justice and propriety and undermine public confidence in the justice system, rendering the convictions unsafe on the abuse of process ground.

Citation
[2025] NICA 41
Parties
Prosecution: The King; Appellant: Declan Murphy; Appellant: Declan Moen; Appellant: Conor Gilmore; Representing Interests of Appellants: Special Advocates
Jurisdiction
Northern Ireland
Judgment Date
17 September 2025
Procedural Posture
Criminal Appeal (reference by Criminal Cases Review Commission) / Court of Appeal Judgment Following Closed and Open Hearings
Outcome
Appeals allowed by majority; convictions quashed on abuse of process ground.
Legal Topics
Abuse of Process, Public Interest Immunity, Disclosure Obligations, Police Misconduct, Fair Trial Rights
Criminal Law Abuse of Process Public Interest Immunity Disclosure Obligations Police Misconduct Fair Trial Rights

Case Brief

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Parties

The King

Prosecution

Declan Murphy

Appellant

Declan Moen

Appellant

Conor Gilmore

Appellant

Special Advocates

Representing Interests of Appellants

Procedural Posture

Criminal Appeal (reference by Criminal Cases Review Commission) / Court of Appeal Judgment Following Closed and Open Hearings

Legal Issues

  1. 1 Whether police misconduct and non-disclosure rendered the convictions unsafe and amounted to an abuse of process
  2. 2 Whether public interest immunity and disclosure obligations were properly balanced

Ratio Decidendi

By majority, the court found that the level of deliberate police misconduct was sufficient to offend the court’s sense of justice and propriety and undermine public confidence in the justice system, rendering the convictions unsafe on the abuse of process ground.

Court Disposition

Appeals allowed by majority; convictions quashed on abuse of process ground.

Orders

  • Convictions of Declan Murphy, Declan Moen, and Conor Gilmore quashed.