Murphy & Anor, R v [2002] NICC 11 (18 February 2002)

Murphy & Anor, R v [2002] NICC 11 (18 February 2002)

None of the material subject to the application could reasonably be expected to undermine the prosecution or assist the defence; public interest requires non-disclosure; ex parte procedure is justified and does not prejudice the accused.

Citation
[2002] NICC 11
Parties
Prosecutor: The Queen; Accused: Robert Andrew Murphy; Accused: Clifford George McKeown
Jurisdiction
Northern Ireland
Judgment Date
18 February 2002
Procedural Posture
Criminal / Pre Trial Disclosure Application
Outcome
Application for non-disclosure granted
Legal Topics
Disclosure, Public Interest Immunity, Entrapment, Fair Trial
Criminal Law Human Rights Law Disclosure Public Interest Immunity Entrapment Fair Trial

Case Brief

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Parties

The Queen

Prosecutor

Robert Andrew Murphy

Accused

Clifford George McKeown

Accused

Procedural Posture

Criminal / Pre Trial Disclosure Application

Legal Issues

  1. 1 Whether material should be disclosed to the defence in light of alleged entrapment and public interest immunity
  2. 2 Whether ex parte procedure for non-disclosure violates fair trial rights

Ratio Decidendi

None of the material subject to the application could reasonably be expected to undermine the prosecution or assist the defence; public interest requires non-disclosure; ex parte procedure is justified and does not prejudice the accused.

Court Disposition

Application for non-disclosure granted

Orders

  • Material subject to the prosecutor's application is not to be disclosed to the defence
  • Statement of reasons for the decision to remain confidential to the prosecutor and trial judge