PSNI CC & Secretary of State Challenge to Prevent Coroner from providing Gist of Intelligence File in Paul “Topper” Thompson Inquest Dismissed on all grounds.
Speaking after this morning’s ruling, RFJ’s Mark Thompson said:
“This morning’s ruling is of major significance.
“Conscious that this case was about the gisting of an intelligence file as opposed to the file itself being made fully available, it nevertheless has far wider, indeed positive, benefits for open justice and not least for families involved in legacy cases.
“The ruling strengthens in law the position of coroners and judges in terms of their lawful determinations to provide gisting of intelligence relevant to murders and attacks in which the authorities, in this instance the PSNI CC and SoS, seek to prevent from being provided.
“Upholding the decision of the coroner justice Humphreys said the challenge by the PSNI chief constable and secretary of state was a full frontal assault on the coroners decision.
“In his ruling justice Humphrey’s dismissed all grounds of the PSNI chief constable and Secretary of State in their challenge.
“In respect to the position of the coroner in this case justice Humphrey’s added that the coroner had not erred in law as argued but had carefully considered all the relevant matters including those of national security in arriving at her decision to provide a gist of file 7.
“Justice Humphreys added that the authorities could not just hoist the flag of NCND, as they have in this challenge, and expect the court to salute it.
“If anything the challenges brought by the PSNI and SoS had erred in law as NCND is a government policy and not a legal principle. Justice Humphreys said that they had mistated the law in their challenges.
Also speaking outside court, the brother of Paul, Eugene Thompson, added:
“This has been a stressful and very difficult time.
“There was absolutely no need for this challenge to have been brought.
“It was a total waste of resources and has unnecessarily delayed getting on with the inquest.
“This ruling should help other families.
“Hopefully, we can now move swiftly in concluding Paul’s inquest.
“ I am satisfied that the ruling found that the decision of the coroner in this case to provide a gist was “unimpeachable”. ENDS
