https://www.belfasttelegraph.co.uk/news/courts/huge-ni-crown-court-backlog-means-no-new-trials-scheduled-until-autumn-2024/a782537996.html
Allison Morris
Today at 06:30
Northern Ireland’s Crown Court is now backlogged until the autumn of 2024, with no new trials to be scheduled until at least September next year.
The delays mean that murder cases, such as that of pregnant Co Armagh woman Natalie McNally, may not be heard until the end of 2024, potentially running into 2025.
The already backlogged system was further impacted by Covid restrictions.
There are over 20 murder cases currently in the system awaiting prosecution.
With a limited number of Crown Court judges and court space, Northern Ireland continues to be the worst place in the UK for backlogs in the justice system.
Recent figures show that an average Crown Court case takes three years to reach trial in Northern Ireland.
The backlog has been further impacted by what are known as “purple folder” cases.
Earlier this year the Department of Justice ordered that any case involving a victim or complainant who is 13 or under must be fast-tracked.
This was seen as essential to lessen the distress to child witnesses and victims of crime, but is also causing a further delay in other serious criminal cases.
Among the criminal trials impacted by the backlog are a number of femicide cases involving the violent killing of women, allegedly by partners or ex-partners.
Natalie McNally was stabbed to death in her Lurgan home in December last year. She was 15 weeks pregnant at the time.
Stephen McCullagh has been charged with her murder.
Earlier this month a court was told that the case will not now be sent to the Crown Court before Christmas.
The Preliminary Enquiry (PE) had been scheduled for December 1, which would have seen the case against 33-year-old McCullagh elevated to the Crown Court and a trial date then set.
But a prosecuting lawyer told District Judge Bernie Kelly “that’s not realistic.” Applying for the PE to be downgraded to a mention on December 1, the lawyer added that the Public Prosecution Service (PPS) directing officer is “not even sure if they will be in a position to fix a PE date because of the volume of information”.
The PE must take place before the case can be elevated to the higher court and a date set for trial. With that not now expected to happen until early 2024, it will be December next year or possibly 2025 before a trial will take place.
Other cases impacted include that of William Finlay (67), accused of killing Alyson Nelson in Whitehead in April last year.
The 64-year-old former nurse died from a stab wound. Mr Finlay, from Old Forde Gardens in Whitehead, entered a plea of “not guilty” when he appeared in court in February.
He is charged with murdering Ms Nelson, with the offence “aggravated by reason of involving domestic abuse”.
A defence barrister told a previous hearing that expert reports were being sought to determine Mr Finlay’s state of mind “at the time of the commission of the offence”.
The judge set the date for trial as September 11 this year but it did not go ahead on that date and as yet there is no new date fixed for contest.
Also impacted by the delay is the case of Wiktoria Maksymowicz, from Woodside Park in Poleglass in west Belfast.
She is due to stand trial for the murder of Tony Browne (54), stabbed at a party in October 2022. No trial date has been set in the case.
Brandon John Rainey of James Street, Ballymena, is charged with murdering Chloe Mitchell between 2 and 5 June.
Ms Mitchell was last seen in the Co Antrim town on the night of June 2 and into the early hours of June 3 this year. The case is not expected to be heard until 2025.
By contrast, in England the case of Andrew Burfield, involving the murder of his ex-girlfriend, 33-year-old Katie Kenyon, took just seven months to come to trial. Ms Kenyon was murdered in April 2022. Burfield changed his plea to guilty three days into a trial at Preston Crown Court in November 2022.
In the Republic, Jozef Puska (33) from Lynally Grove in Mucklagh, Co Offaly, was found guilty of murdering schoolteacher Ashling Murphy by a unanimous jury verdict last Thursday.
The 23-year-old was repeatedly stabbed in the neck on the banks of the Grand Canal near Tullamore in Co Offaly on January 12, 2022, with the trial starting on October 17, 2023.
A spokesperson for the Lady Chief Justice’s office said: “It is regular listing practice to allocate trial dates well in advance. There continues to be additional Crown Courts to deal with backlogs.”
by columboscoat
2 comments
Add that to the list of broken services in NI.
Centralising the crown courts was a previous cost saving measure…nearly every courthouse that is still operating at present has a crown court room in it that is used on occasion for appeals and other courts so if they wanted they could potentially do something about the backlog..