Carson, Inquest into the Death of [2019] NICoroner 7 (05 June 2019)

Carson, Inquest into the Death of [2019] NICoroner 7 (05 June 2019)

Daniel Carson was unlawfully killed by a person or persons unknown by shooting on 1 November 1973. The evidence does not permit a formal finding as to the identity of the perpetrator. The original investigation was deficient by modern standards but reflected the context and limitations of the time. There is insufficient evidence to attribute criminal responsibility to S1 or any other individual. The state failed to meet the full procedural requirements of Article 2 ECHR in the original investigation, but subsequent reviews and this inquest have now satisfied those obligations as far as possible.

Citation
[2019] NICoroner 7
Parties
Deceased: Daniel Carson (deceased); Next of Kin: Anne Carson; Suspect: S1 (name redacted)
Jurisdiction
Northern Ireland
Judgment Date
05 June 2019
Procedural Posture
Inquest / Final Judgment
Outcome
Unlawful killing by person or persons unknown
Legal Topics
Inquest Procedure, Unlawful Killing, Article 2 ECHR, Historic Investigations, Evidence Assessment
Coronial Law Criminal Law Human Rights Law Inquest Procedure Unlawful Killing Article 2 ECHR Historic Investigations Evidence Assessment

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Parties

Daniel Carson (deceased)

Deceased

Anne Carson

Next of Kin

S1 (name redacted)

Suspect

Procedural Posture

Inquest / Final Judgment

Legal Issues

  1. 1 Whether Daniel Carson was unlawfully killed
  2. 2 Whether the investigation into his death met Article 2 ECHR standards
  3. 3 Whether S1 was responsible for the death

Ratio Decidendi

Daniel Carson was unlawfully killed by a person or persons unknown by shooting on 1 November 1973. The evidence does not permit a formal finding as to the identity of the perpetrator. The original investigation was deficient by modern standards but reflected the context and limitations of the time. There is insufficient evidence to attribute criminal responsibility to S1 or any other individual. The state failed to meet the full procedural requirements of Article 2 ECHR in the original investigation, but subsequent reviews and this inquest have now satisfied those obligations as far as possible.

Court Disposition

Unlawful killing by person or persons unknown

Orders

  • Verdict of unlawful killing entered.
  • No formal finding as to the identity of the perpetrator.