Doherty & Anor, Inquest into the deaths of [2023] NICoroner 13 (16 October 2023)

Doherty & Anor, Inquest into the deaths of [2023] NICoroner 13 (16 October 2023)

The coroner determined that the current suite of redacted documents, as previously ruled upon in the PII process, is sufficient for the purposes of the inquest and for Soldier F's participation. The request for access to unredacted documents is refused as the redactions remain appropriate and necessary, and Soldier...

Source-derived case information.

Citation
[2023] NICoroner 13
Parties
Deceased: Daniel Doherty; Deceased: William Fleming; Interested Person: Soldier F; Respondent/objector: Ministry of Defence (MoD); Respondent/objector: Police Service of Northern Ireland (PSNI); Interested Person: Next of kin of Daniel Doherty and William Fleming
Jurisdiction
Northern Ireland
Judgment Date
16 October 2023
Procedural Posture
Inquest / Interlocutory Ruling on Access to Unredacted Documents
Outcome
application refused
Legal Topics
Public Interest Immunity, Disclosure, Procedural Fairness, Inquest Procedure
Public Law Coronial Law National Security Public Interest Immunity Disclosure Procedural Fairness Inquest Procedure

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Parties

Daniel Doherty

Deceased

William Fleming

Deceased

Soldier F

Interested Person

Ministry of Defence (MoD)

Respondent/objector

Police Service of Northern Ireland (PSNI)

Respondent/objector

Next of kin of Daniel Doherty and William Fleming

Interested Person

Procedural Posture

Inquest / Interlocutory Ruling on Access to Unredacted Documents

Legal Issues

  1. 1 Whether Soldier F should be granted access to unredacted documents subject to PII in the inquest into the deaths of Daniel Doherty and William Fleming.

Ratio Decidendi

The coroner determined that the current suite of redacted documents, as previously ruled upon in the PII process, is sufficient for the purposes of the inquest and for Soldier F's participation. The request for access to unredacted documents is refused as the redactions remain appropriate and necessary, and Soldier F and his legal team have adequate access to the redacted materials.

Court Disposition

application refused

Orders

  • Soldier F is not granted access to unredacted documents subject to PII; the current redacted suite of documents remains in place.