Tag Archives | NI Courts

Police win flag protest appeal

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As the BBC reports, the Appeals Court has overturned a High Court ruling in April that the PSNI misdirected themselves in relation to policing the flag protests in Belfast – which “led to the situation in which the police facilitated illegal and sometimes violent parades with the effect of undermining the 1998 Act, in breach more…

Mr Justice Treacy: “It is evident that ACC Kerr was labouring under a material misapprehension as to the proper scope of police powers…”

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The Chief Constable, Matt Baggott, has reportedly said that the police will appeal the High Court decision allowing “an application for a judicial review of the PSNI’s policing of the flag protests in Belfast between 8 December 2012 and 14 February 2013.” From the reported ruling Mr Justice Treacy was less than impressed by Assistant Chief more…

Lord Chief Justice Morgan: “this is a case about political failure”

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Not the Haass talks.  You can keep your nose pressed against the windowpane with David if you’re hoping for a scrap of comfort from that.  No, this is about the continued dysfunctional approach of the two main parties of the Northern Ireland Executive semi-detached polit-bureau to the process of government – as defined under the current more…

“it is important that other schemes that may be in a position to be progressed ahead of the A5 are given full consideration by the Executive”

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As the BBC report, the Northern Ireland Regional Development Minister, the UUP’s Danny Kennedy, has announced that his department will not be appealing the Belfast High Court ruling quashing the decision to go ahead with the controversial A5 £330m dual carriageway project.  A “costly mistake [not appealing] but will not be the end of this project“, according to the more…

A5 ruling: “They should not be left in any doubt about what may or may not occur…”

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The Northern Ireland Department for Regional Development have 7 days to appeal the Belfast High Court ruling issued today quashing the decision to go ahead with the controversial A5 £330m dual carriageway project.  As the BBC reports Following the verdict, lawyers for the department sought to have the court order put on hold. They wanted time to meet a requirement more…

“the looming legal row, which is due to commence on 9 January, could become a defining event for Northern Ireland…”

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Well, perhaps.  At the very least it might provide the basis for some actual politics, for a while…  ANYhoo…  The Observer’s Jamie Doward with a reminder of the upcoming legal battle over planning permission for the Bushmills Dunnes development - a 18-hole golf course, clubhouse, golf academy, 120-room hotel and 75 golf lodges complex, plus associated car more…

Gormley wins libel case against Sinn Fein

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The BBC reports the jury verdict in Declan Gormley’s, a former non-executive director of NI Water, libel case against Sinn Féin, the party’s Newry and Armagh MLA Cathal Boylan, and former assembly member Willie Clarke.  From the BBC report Declan Gormley sued the party over the contents of two press releases it issued in 2011 in support of more…

Sinn Féin MLAs to claim ‘qualified privilege’ for press statements in NI Water libel case?

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The BBC reports from Belfast High Court as, former non-executive director in NI Water, Declan Gormley’s libel proceedings against Sinn Féin, the party’s Newry and Armagh MLA Cathal Boylan, and former assembly member Willie Clarke, heads to its court date – 26 November.  Apparently, no political party members nor NI Water employees, members and staff on more…

McGuinness: “We can’t have a half-baked approach…”

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Whilst the Northern Ireland deputy First Minister, Sinn Féin’s Martin McGuinness, has been urging co-operation with the police investigation of the murder of David Black, his party colleague Gerry Kelly has complained of “politically motivated” charges against Padraic Wilson - relating to the aftermath of the 2005 murder of Robert McCartney.  From the UTV report Sinn more…

Court lifts reporting restrictions on identities of Provisional IRA accused

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The BBC reports that, following a legal challenge by the corporation, district judge Fiona Bagnall has lifted court orders prohibiting the media from reporting either the identities or addresses of five defendants who are accused of Provisional IRA activity in 1999 and 2000.  As previously noted All five are charged with belonging to a proscribed organisation on more…

Charges re-instated against Marian Price and others

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The BBC reports that the Public Prosecution Service (PPS) have re-instated charges against Marian Price and three Londonderry men in relation to a 32 County Sovereignty Movement Easter Monday parade in the city in 2011.  Among those being charged again is Marvin Canning – the 50-year-old brother-in-law of Northern Ireland deputy First Minister, Sinn Féin’s Martin McGuinness.  From more…

“the learned judge who granted bail [] did not have the power to do so in the particular circumstances of this case”

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Despite earlier reports that the Northern Ireland Secretary of State, Owen Paterson, had ordered Martin Corey’s re-arrest following the judicial review ruling for unconditional bail in the case, it appears he merely sought a stay while an appeal was prepared.  The Belfast Telegraph notes the Appeal Court’s initial ruling A judge who granted unconditional bail to more…

NI Secretary of State blocks Martin Corey release

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Sinn Féin’s Raymond McCartney, deputy chair of the Assembly’s Justice Committee [and noted plagiarist! - Ed], may have welcomed today’s Belfast court ruling that the Parole Commissioners had breached former Provisional IRA member Martin Corey’s human rights in refusing to release him, and ordering his release on unconditional bail.  But the Guardian reports that Northern Ireland Secretary of State, more…

“A person in county Donegal… may know of a process against him being before a court in Northern Ireland but that alone is not sufficient”

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Here’s an interesting, if legally technical, story from the Irish Times.  Apparently a Northern Ireland judge has ruled that “its courts do not have the jurisdiction to proceed with cases where the defendant is resident outside the UK unless a summons has been served on them through the court.”  And that includes Ireland.  From the more…