Soldier A & Anor, R v [2020] NICC 6 (30 January 2020)

Soldier A & Anor, R v [2020] NICC 6 (30 January 2020)

The court found that while the passage of time and loss of evidence created difficulties, these did not reach the threshold where a fair trial was impossible or where it would be otherwise unfair to try the defendants. The representations made to the defendants did not amount to unequivocal undertakings not to prosecute, and the trial process could address any prejudice. Accordingly, the application for a stay was refused.

Citation
[2020] NICC 6
Parties
Prosecution: The Queen; Defendant: Soldier A; Defendant: Soldier C
Jurisdiction
Northern Ireland
Judgment Date
30 January 2020
Procedural Posture
Criminal / Abuse of Process Application Prior to Trial
Outcome
Application for stay refused; proceedings to continue.
Legal Topics
Abuse of Process, Delay in Prosecution, Fair Trial Rights, Prosecutorial Discretion, Legacy Cases, Use of Force by Security Forces
Criminal Law Human Rights Law Public Law Abuse of Process Delay in Prosecution Fair Trial Rights Prosecutorial Discretion Legacy Cases +1 more

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Parties

The Queen

Prosecution

Soldier A

Defendant

Soldier C

Defendant

Procedural Posture

Criminal / Abuse of Process Application Prior to Trial

Legal Issues

  1. 1 Whether the delay of over 47 years and loss of evidence renders a fair trial impossible
  2. 2 Whether representations made to the defendants that they would not be prosecuted create unfairness justifying a stay
  3. 3 Whether the prosecution constitutes an abuse of process

Ratio Decidendi

The court found that while the passage of time and loss of evidence created difficulties, these did not reach the threshold where a fair trial was impossible or where it would be otherwise unfair to try the defendants. The representations made to the defendants did not amount to unequivocal undertakings not to prosecute, and the trial process could address any prejudice. Accordingly, the application for a stay was refused.

Court Disposition

Application for stay refused; proceedings to continue.

Orders

  • The applications for a stay of proceedings on grounds of abuse of process are dismissed.
  • The criminal proceedings against Soldier A and Soldier C are to proceed to trial.