PPS Collapse 1970s Legacy Prosecution – Lawyers to Seek Access to PPS and PONI Papers

Harte Coyle Collins, Solicitors & Solicitor Advocates, act on behalf of Mr Gerry McGowan. Mr McGowan was the victim and Complainant in respect of the only legacy prosecution before the Northern Ireland courts arising from police conduct in the 1970s. Mr McGowan was informed at a consultation with the Public Prosecution Service on Thursday 18th December 2014 that the PPS intended to offer no evidence against 2 retired RUC officers who were alleged to have perverted the course of justice by coercing false confessions during a 1979 RUC investigation into the murder of Lt Stephen Kirby in Derry. The trial in the case had been fixed for February 2015 in Belfast Crown Court.

Successful Judicial Review Challenge of PPS Refusal to Prosecute Rape Case

Harte Coyle Collins Solicitors & Solicitor Advocates, successfully challenged the failure of the Public Prosecution Service to prosecute a suspect in respect of an allegation of rape. The Children & Family Law Department obtained a court finding of fact in the Domestic Court in November 2011 that their client had been raped. This finding of fact was decided by the court during an application for a Non-Molestation Order on behalf of the client. The court, in a rare step, granted the client a 10 year Non-Molestation Order. Such Orders are usually only granted for periods of 12 to 18 months.

Court Orders 10 year Non Molestation Order to Protect Client

Lawyers at Harte Coyle Collins, Solicitors & Solicitor Advocates, have secured a 10 year Non Molestation Order for a client in a rare move by the Domestic Proceedings Court in Belfast. Catriona Hutton, Solicitor, today confirmed that the firm managed to secure a 10 year Non Molestation Order for a client in ciricumstances where such Orders are usually restricted to a maximum period of 12 to18 months.

Lawyers Challenge Breach of European Convention of Human Rights by Northern Ireland Prison Service

Harte Coyle Collins, Solicitors & Solicitor Advocates, sucessfully challenged a failure of the Northern Ireland Prison Service to provide an SOTP course to a suitable applicant. The firm today received a Declaration from a High Court Judge in Belfast that the failure of the Northern Ireland Prison Service (NIPS) to provide access to the Sexual Offenders Treatment Programme (SOTP) was a breach of their client’s rights under Article 8 of the European Convention of Human Rights.

Court of Appeal, Belfast

Acquittal on Murder & Arson Charges in Armagh Case involving Four Brothers

Harte Coyle Collins, Solicitors & Solicitor Advocates, represent Niall Smith who was charged with his 3 brothers Martin, Stephen and Christopher Smith, with the murders of Thomas O Hare and Lisa McClatchey on 6th November 2006 at Clady Road, Armagh, and with the arson of Thomas O Hare’s property at the same address on the same date. Niall Smith was represented by the HCC defence team comprising Patricia Coyle and Diarmaid Kelly, solicitors and defence counsel Ms Karen Quinlivan Q.C., S.C. and Mr Mark McGarrity BL.

Lawyers Challenge Parole Commissioner Refusal to Hold Oral Hearing

Harte Coyle Collins, Solicitors & Solicitor Advocates today obtained leave from the High Court in Belfast to challenge a decision made by the Chief Parole Commissioner to deny a client in custody at Maghaberry prison an oral hearing. The refusal by te Chief Parole Commissioner was made in circumstances where additional informaiton was available from the Probation Board which may have beneffited the prisoner. The Chief Parole Commissioner’s decision to deny the client an oral hearing before a 3 member panel of the Parole Commissioners interfered with the client’s liberty.