Doherty & Anor, Inquest Touching Upon the Deaths of [2023] NICoroner 1 (19 January 2023)

Doherty & Anor, Inquest Touching Upon the Deaths of [2023] NICoroner 1 (19 January 2023)

Military witnesses may provide written statements through their own legal representatives rather than via the coroner's investigator, as there is no statutory power to prescribe the method of provision. This approach does not breach Article 2 ECHR or common law fairness at this stage, and the coroner retains discretion to review and scrutinize the evidence provided.

Citation
[2023] NICoroner 1
Parties
Deceased: Daniel Doherty; Deceased: William Fleming; Witnesses: Military Witnesses (F, G, H, I, J, P, Q, R); Interested Party: Ministry of Defence; Interested Party: Next of Kin (NOK); Investigator: Coroner's Service of Northern Ireland (CSNI)
Jurisdiction
Northern Ireland
Judgment Date
19 January 2023
Procedural Posture
Inquest / Pre Inquest Case Management Ruling
Outcome
application granted
Legal Topics
Witness Evidence Procedure, Article 2 ECHR Compliance, Self Incrimination Privilege, Case Management, Legacy Inquests
Coronial Law Public Law Human Rights Witness Evidence Procedure Article 2 ECHR Compliance Self Incrimination Privilege Case Management Legacy Inquests

Case Brief

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Parties

Daniel Doherty

Deceased

William Fleming

Deceased

Military Witnesses (F, G, H, I, J, P, Q, R)

Witnesses

Ministry of Defence

Interested Party

Next of Kin (NOK)

Interested Party

Coroner's Service of Northern Ireland (CSNI)

Investigator

Procedural Posture

Inquest / Pre Inquest Case Management Ruling

Legal Issues

  1. 1 Whether military witnesses may provide written statements through their own solicitors rather than via the coroner's investigator
  2. 2 Whether the coroner has power to prescribe the method of statement provision
  3. 3 Compliance with Article 2 ECHR and common law fairness in witness evidence procedures

Ratio Decidendi

Military witnesses may provide written statements through their own legal representatives rather than via the coroner's investigator, as there is no statutory power to prescribe the method of provision. This approach does not breach Article 2 ECHR or common law fairness at this stage, and the coroner retains discretion to review and scrutinize the evidence provided.

Court Disposition

application granted

Orders

  • Military witnesses permitted to provide written statements through their own legal representatives
  • Coroner to receive and scrutinize statements under usual parameters