HUMAN RIGHTS COMMISSION COULD SEEK JUDICIAL REVIEW
Human Rights Commission could seek Judicial Review into Coroner's decision
THE NI Human Rights Commission is considering applying for a Judicial Review concerning a decision taken during the Inquest over its powers, it was revealed on Monday.
The disclosure was made by Coroner, John Leckey who told the Inquest that he understood the Commission was considering seeking leave to apply for the Review of a decision taken by him in relation to the powers of the Commission.
He said it appeared the Commission was unhappy with his ruling and if that was the case he would "welcome such a development."
However, Mr Leckey hoped that the question of reopening the Inquests would only arise in the event of the High Court ruling that he was wrong to have refused the Commission the opportunity of making oral submissions.
In a letter, which he sent to the Commission, and which was read out at the outset of Monday's Inquest, he said: "It think it is in everyone's interest that the issue of the scope of the Commission's powers in this regard should be definitively and authoritatively resolved by the High Court as the earliest opportunity.
"I am however, for very obvious reasons, anxious if at all possible to bring these Inquests to a conclusion during the course of the coming week. I would therefore like to try to minimise the risk that the Inquest proceedings might have to be re-opened in consequence of any decision that might be made by the High Court in any Judicial Review proceeding which might be brought by the Commission.
Accordingly, he said "I propose to take an exceptional course which must not be taken as a precedent for any future occasion. While it remains my view that the Commission is acting outside its statutory powers in seeking to intervene or otherwise participate in these Inquests, whether by way of written or oral submissions, the fact is that I have received certain written submissions from the Commission. In those circumstances, and notwithstanding my opinion that the Commission had no power to submit them, and that I am under no obligation to take them into account, I nevertheless propose on this occasion to consider them before the Inquest resumes on Monday. If I form the view that any of the Commission's written submission are relevant to any of the issues on which I received submission from the parties on Wednesday and Thursday of this week, I will take them into account. If in consequence of anything in those submissions I think it necessary I am prepared to consider varying the ruling which I made concerning the admissibility of certain questions which counsel for some of the next of kin wished to put to the police witnesses who have still to give evidence.
"However, before doing so I would, of course, have to give the parties an opportunity to comment on the Commission's submissions."
He afforded the Commission an opportunity to furnish a supplementary written submission, if it so wished, provided it was with his counsel by 6.00pm on Saturday (September 30th).
The letter continues "I appreciate that this will not satisfy the Commission's desire to make oral submissions on this occasion nor will it resolve the question of the Commission's powers to intervene or otherwise participate in future Inquests, whether by way of written or oral submissions, but it is as far as I feel able to go on this occasion and I stress again that I am only prepared to take this course for the exceptional reasons which I have stated.
"In the light of the course which I propose to adopt it may be that the High Court would be able to deal with the issues in the proposed Judicial Review, at least in part if not wholly, by way of declaratory relief only. I would like to think that the question of reopening the Inquests would only arise in the event of the court holding that I was wrong to have refused the Commission the opportunity of making oral submissions.
"In the light of what I have said the Commission may feel that it is no longer necessary to seek a Judicial Review on this occasion. However, I do not think that the point could be described as academic or theoretical and the Commission may therefore be of the view that it would still be helpful to have an advisory opinion from the court at this stage.
Concluding Mr Leckey said "Whatever course is adopted it seems highly likely that the same point will arise again in some future Inquest and it is clearly desirable that it should be resolved sooner rather than later."
THE NI Human Rights Commission is considering applying for a Judicial Review concerning a decision taken during the Inquest over its powers, it was revealed on Monday.
The disclosure was made by Coroner, John Leckey who told the Inquest that he understood the Commission was considering seeking leave to apply for the Review of a decision taken by him in relation to the powers of the Commission.
He said it appeared the Commission was unhappy with his ruling and if that was the case he would "welcome such a development."
However, Mr Leckey hoped that the question of reopening the Inquests would only arise in the event of the High Court ruling that he was wrong to have refused the Commission the opportunity of making oral submissions.
In a letter, which he sent to the Commission, and which was read out at the outset of Monday's Inquest, he said: "It think it is in everyone's interest that the issue of the scope of the Commission's powers in this regard should be definitively and authoritatively resolved by the High Court as the earliest opportunity.
"I am however, for very obvious reasons, anxious if at all possible to bring these Inquests to a conclusion during the course of the coming week. I would therefore like to try to minimise the risk that the Inquest proceedings might have to be re-opened in consequence of any decision that might be made by the High Court in any Judicial Review proceeding which might be brought by the Commission.
Accordingly, he said "I propose to take an exceptional course which must not be taken as a precedent for any future occasion. While it remains my view that the Commission is acting outside its statutory powers in seeking to intervene or otherwise participate in these Inquests, whether by way of written or oral submissions, the fact is that I have received certain written submissions from the Commission. In those circumstances, and notwithstanding my opinion that the Commission had no power to submit them, and that I am under no obligation to take them into account, I nevertheless propose on this occasion to consider them before the Inquest resumes on Monday. If I form the view that any of the Commission's written submission are relevant to any of the issues on which I received submission from the parties on Wednesday and Thursday of this week, I will take them into account. If in consequence of anything in those submissions I think it necessary I am prepared to consider varying the ruling which I made concerning the admissibility of certain questions which counsel for some of the next of kin wished to put to the police witnesses who have still to give evidence.
"However, before doing so I would, of course, have to give the parties an opportunity to comment on the Commission's submissions."
He afforded the Commission an opportunity to furnish a supplementary written submission, if it so wished, provided it was with his counsel by 6.00pm on Saturday (September 30th).
The letter continues "I appreciate that this will not satisfy the Commission's desire to make oral submissions on this occasion nor will it resolve the question of the Commission's powers to intervene or otherwise participate in future Inquests, whether by way of written or oral submissions, but it is as far as I feel able to go on this occasion and I stress again that I am only prepared to take this course for the exceptional reasons which I have stated.
"In the light of the course which I propose to adopt it may be that the High Court would be able to deal with the issues in the proposed Judicial Review, at least in part if not wholly, by way of declaratory relief only. I would like to think that the question of reopening the Inquests would only arise in the event of the court holding that I was wrong to have refused the Commission the opportunity of making oral submissions.
"In the light of what I have said the Commission may feel that it is no longer necessary to seek a Judicial Review on this occasion. However, I do not think that the point could be described as academic or theoretical and the Commission may therefore be of the view that it would still be helpful to have an advisory opinion from the court at this stage.
Concluding Mr Leckey said "Whatever course is adopted it seems highly likely that the same point will arise again in some future Inquest and it is clearly desirable that it should be resolved sooner rather than later."
Further Information
Publisher: ULSTER HERALD
Ref: UH/1495
Published Date: 05-Oct-00
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