In terms of the ongoing talks on dealing with the past both governments and all parties should take note of today’s judgment in the Jordan case by the Court of Appeal where the Lord Chief Justice (LCJ), Sir Declan Morgan, has said that the disclosure of all relevant documents relating to the RUC killing of Pearse Jordan should be made available before determining what is relevant or determining the scope of the inquest.
The LCJ said; “The starting point is to identify all potentially relevant information. Such information suitably redacted, if necessary, should be made available to all of the parties concerned in the inquest in order to assist in establishing relevance and thereafter determining scope.”
At a very minimum any proposed process on dealing with the past should meet the disclosure standards established by the courts in this judgment.
RFJ is however concerned at reference to the promotion of the Historical Abuse Inquiry as a possible model of resolution of these cases. However the commentary which reiterates the commentary of Justice Girvan regarding the appalling situation in inquests and acknowledges the need for a human rights compliant process which formally involves families, is to be welcomed.
The full judgment, which requires a more considered reading and response, which we are working on, can be found by clicking here: Pearse Jordan Court of Appeal 17 Nov 14