Slugger O'Toole

Conversation, politics and stray insights

NI Courts

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

Sat 28 December 2013, 4:02pm

Tweet 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 […] more »

“The Commission has heard the decision of the judge late this evening and cannot agree with his view…”

Fri 12 July 2013, 12:35pm

Tweet We’ll have to wait to see the detail.  But, in the meantime, the News Letter has the he said/she said response to a High Court ruling overturning a Parades Commission determination in Castlederg.  From the News Letter report A spokesman for the band, which was supported by TUV leader Jim Allister, said the case was won […] 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”

Mon 15 April 2013, 5:35pm

Tweet 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 […] more »

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

Mon 8 April 2013, 6:18pm

Tweet 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 […] more »

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

Sun 30 December 2012, 4:51pm

Tweet 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 […] more »

Lord Chief Justice: “These are allegations of specific conduct. We cannot infer that the disclosure was inadequate”

Fri 21 December 2012, 5:25pm

Tweet Having sought, and been granted, a stay on July’s judicial review ruling for unconditional bail for Martin Corey until an appeal could be heard, the Court of Appeal has now ruled in favour of the Northern Ireland Secretary of State.  From the BBC report The Court of Appeal had to decide whether the process undertaken […] more »

Sinn Fein’s defence borrowing a page from the Scientology play book?

Tue 18 December 2012, 2:15pm

Tweet I’d treat with caution any attempt to estimate the Sinn Fein’s costs, not least because they don’t seem to have gone in to the trial with anything much resembling a case. In disclosure, they offered only copies of the press releases, with one defendant confessing he was a inveterate re-cycler. And as Sam McBride […] more »

Gormley wins libel case against Sinn Fein

Fri 14 December 2012, 5:31pm

Tweet 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 […] more »

“The court heard that the device had contained 200g of Semtex plastic explosive…”

Tue 11 December 2012, 11:58pm

Tweet Depressingly familiar scenes both outside and inside Bishop Street courthouse in Londonderry on Monday as three men, including a brother-in-law of SDLP MLA Pat Ramsey, appeared on terrorism charges after their arrest on Thursday last week. From the UTV report Appearing in the dock, all three men refused to recognise the court. And from […] more »

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

Fri 16 November 2012, 4:53pm

Tweet 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 […] more »

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

Sun 4 November 2012, 12:12pm

Tweet 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 […] more »

Court lifts reporting restrictions on identities of Provisional IRA accused

Thu 11 October 2012, 9:12pm

Tweet 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 […] more »

Charges re-instated against Marian Price and others

Wed 5 September 2012, 7:49pm

Tweet 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.  […] more »

“It’s up to the prosecution to make the case why it should no longer exist.”

Thu 30 August 2012, 6:03pm

Tweet The BBC have an interesting update on the reporting restrictions, specifically court orders prohibiting the media from reporting either the identities or addresses of the defendants, in the case of “three men and two women – some of them senior republicans – who are accused of PIRA activity”.  From the BBC report All five are […] more »

“court orders prohibit the media from reporting either the identities or addresses of the defendants…”

Thu 16 August 2012, 8:01pm

Tweet In the News Letter Sam McBride has some extra detail to an interesting story, for a number of reasons, that was initially reported in the Irish News earlier in the week.  From the News Letter report RARE reporting restrictions which bar the media from identifying five people charged with Provisional IRA membership have caused concern […] more »

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

Thu 12 July 2012, 3:12pm

Tweet 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 […] more »

NI Secretary of State blocks Martin Corey release

Mon 9 July 2012, 7:52pm

Tweet 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 […] 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”

Mon 2 July 2012, 7:51pm

Tweet 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 […] more »

“the trust’s over-riding focus is the protection of the environment and landscape within the distinctive setting of Northern Ireland’s only World Heritage Site”

Wed 13 June 2012, 10:59pm

Tweet The BBC report on the news that the National Trust are seeking leave for a judicial review of the decision to grant planning permission for a 18-hole golf course, hotel and golf lodges complex at Runkerry, close to the Unesco World Heritage Centre Giants’ Causeway and Causeway Coast, begins thus Stormont ministers have reacted angrily to a legal […] more »

Hain ‘clarifies’ comments in contempt of court case

Thu 17 May 2012, 1:37pm

Tweet Sort of…  After the bluster from various political and media sources over, the “statutorily independent” NI Attorney General, John Larkin’s decision to charge former Secretary of State for Wales, etc, Peter Hain, MP, and his publisher, with contempt of court over remarks in Mr Hain’s autobiography, the BBC has news from the High Court. Former […] more »

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