Doherty & Anor, Inquest Touching Upon the Deaths of (Ruling on Application by Certain Witnesses to Give Evidence Remotely) [2023] NICoroner 16 (20 October 2023)

Doherty & Anor, Inquest Touching Upon the Deaths of (Ruling on Application by Certain Witnesses to Give Evidence Remotely) [2023] NICoroner 16 (20 October 2023)

Given the identifiable security risks to the witnesses, their age and travel difficulties, and the coroner's powers, it is proportionate and in the interests of justice to permit Soldiers I, J, P, Q, and R to give evidence remotely. This does not unduly impede open justice or the ability to test their evidence.

Citation
[2023] NICoroner 16
Parties
Deceased: Daniel Doherty; Deceased: William Fleming; Objector: Next of Kin (NOK); Witnesses/applicants: Soldiers I, J, P, Q, R; Counsel Assisting Inquest: Coroner's Counsel
Jurisdiction
Northern Ireland
Judgment Date
20 October 2023
Procedural Posture
Inquest / Ruling on Application for Remote Evidence by Certain Witnesses
Outcome
applications granted in part
Legal Topics
Remote Evidence, Special Measures, Anonymity, Screening, Public Interest Immunity, Open Justice
Coronial Law Human Rights Law Evidence Law Remote Evidence Special Measures Anonymity Screening Public Interest Immunity +1 more

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Parties

Daniel Doherty

Deceased

William Fleming

Deceased

Next of Kin (NOK)

Objector

Soldiers I, J, P, Q, R

Witnesses/applicants

Coroner's Counsel

Counsel Assisting Inquest

Procedural Posture

Inquest / Ruling on Application for Remote Evidence by Certain Witnesses

Legal Issues

  1. 1 Whether certain witnesses (Soldiers I, J, P, Q, R) should be permitted to give evidence remotely via live link in the inquest into the deaths of Daniel Doherty and William Fleming
  2. 2 Whether granting remote evidence is appropriate in the interests of justice given security concerns and the need for open justice

Ratio Decidendi

Given the identifiable security risks to the witnesses, their age and travel difficulties, and the coroner's powers, it is proportionate and in the interests of justice to permit Soldiers I, J, P, Q, and R to give evidence remotely. This does not unduly impede open justice or the ability to test their evidence.

Court Disposition

applications granted in part

Orders

  • Soldiers I, J, P, Q, and R are permitted to give evidence remotely via live link.
  • An independent person must be present at each remote location to assist and monitor.