Courts / Dublin / Report
Challenge to AG's refusal to order fresh inquest into death of John Kelly
Summary
A High Court challenge has been brought by Emma Kelly against the Attorney General regarding the refusal to order a fresh inquest into the 2008 drowning death of her brother, John Kelly, at Britain Quay in Dublin Docklands. The case, heard before Mr Justice Charles Meenan, concerns the AG's October decision to decline the family's request under the 1962 Coroner's Act for a new inquest. The applicants allege the original 2009 inquest, which found the death a misadventure, was flawed by procedural irregularities, including a failure to call eyewitnesses and a denial of the option for a jury trial. They further claim the decision to refuse a new inquest is unfair, irrational, and contrary to public interest, citing a 2018 report by retired Mr Justice Daniel Herbert that criticized the Garda response as "confused, inappropriate, and inadequate." Emma Kelly, from Athy, Co Kildare, seeks orders quashing the AG's decision, directing a new inquest, and declaring the refusal unlawful and in breach of the European Convention on Human Rights. The application was made on an ex-parte basis. Mr Justice Meenan directed that the application for permission to bring the challenge be heard on notice to the respondents. The matter was adjourned to a date in March.
Who, what, where, when and why
What: Report matter: Challenge to AG's refusal to order fresh inquest into death of John Kelly. Procedural stage: trial
When:
- October 16th, 2008 Hearing Or Sentence
- 2021-01-11 Publication
Case subjects
Applicant
Outcome: The case was adjourned to a date in March.
Applicant
Outcome: The case was adjourned to a date in March.
Applicant
Outcome: The case was adjourned to a date in March.
Applicant
Outcome: The case was adjourned to a date in March.
Places mentioned
Topics
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