Doherty & Anor, Inquest into the Deaths Of (Re Provision of Witness Bundles to Witnesses in Advance of Giving Evidence) [2023] NICoroner 15 (17 October 2023)

Doherty & Anor, Inquest into the Deaths Of (Re Provision of Witness Bundles to Witnesses in Advance of Giving Evidence) [2023] NICoroner 15 (17 October 2023)

Procedural fairness in this inquest requires that all witnesses be provided in advance with a core bundle of documents (Tab 1 and Tab 2 documents) on which they may be questioned, with additional documents notified in advance, to avoid ambush and ensure best evidence. This approach is proportionate, fair, and aids the fact-finding mission, while not precluding questioning on other documents if necessary, provided this is not used to circumvent the ruling.

Citation
[2023] NICoroner 15
Parties
Subjects of Inquest: Daniel Doherty and William Fleming (deceased); Interested Party: Next of Kin (NOK); Witnesses/interested Party: Former Military Witnesses (FMWs); Interested Party: PSNI; Interested Party: MOD
Jurisdiction
Northern Ireland
Judgment Date
17 October 2023
Procedural Posture
Inquest / Interlocutory Ruling on Provision of Witness Bundles Prior to Evidence
Outcome
Ruling issued; procedural directions given
Legal Topics
Procedural Fairness, Disclosure of Documents, Witness Rights, Inquisitorial Vs Adversarial Process, Article 2 ECHR Compliance, Article 8 ECHR Rights
Coronial Law Human Rights Law Civil Procedure Procedural Fairness Disclosure of Documents Witness Rights Inquisitorial Vs Adversarial Process Article 2 ECHR Compliance +1 more

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Parties

Daniel Doherty and William Fleming (deceased)

Subjects of Inquest

Next of Kin (NOK)

Interested Party

Former Military Witnesses (FMWs)

Witnesses/interested Party

PSNI

Interested Party

MOD

Interested Party

Procedural Posture

Inquest / Interlocutory Ruling on Provision of Witness Bundles Prior to Evidence

Legal Issues

  1. 1 Whether witnesses in an inquest are entitled to advance disclosure of documents on which they may be questioned
  2. 2 Whether procedural fairness requires provision of witness bundles to all witnesses prior to giving evidence
  3. 3 Whether Article 8 ECHR rights of witnesses are engaged in the inquest process

Ratio Decidendi

Procedural fairness in this inquest requires that all witnesses be provided in advance with a core bundle of documents (Tab 1 and Tab 2 documents) on which they may be questioned, with additional documents notified in advance, to avoid ambush and ensure best evidence. This approach is proportionate, fair, and aids the fact-finding mission, while not precluding questioning on other documents if necessary, provided this is not used to circumvent the ruling.

Court Disposition

Ruling issued; procedural directions given

Orders

  • All witnesses to be provided in advance with Tab 1 documents (photographs, maps, etc.) as listed in Appendix 1.
  • Witnesses who have provided statements to also receive Tab 2 documents (those viewed or mentioned in their statements).