Crawford, Inquest Touching Upon the Death Of (Ruling on Review of Anonymity of PC02 & PC03)

Factual and Procedural Background

The court previously handed down findings regarding the death of the Deceased on 16 December 2024. At that time, the inquest was adjourned to review the grant of anonymity to two witnesses, referred to as PC02 and PC03. Both individuals had been granted anonymity at an early stage during preparatory work by the relevant investigative body. PC03 died in 2002, and PC02 provided a statement in February 2022 before passing away in 2023. The evidence attributed to these individuals formed part of the inquest materials underpinning the court's findings. Following the initial findings, the court undertook a review process concerning the anonymity orders previously granted to PC02 and PC03.

Legal Issues Presented

1. Whether the grant of anonymity to PC02 and PC03 should continue in light of changed circumstances, specifically their deaths.
2. The proper exercise of the coroner’s discretion in balancing the principle of open justice against the protective measures justified by risks to witnesses.
3. The procedural requirements and considerations involved in reviewing anonymity orders for witnesses in legacy inquests.

Arguments of the Parties

Next of Kin's Arguments

• The Next of Kin submitted that any legal basis for maintaining anonymity for PC02 and PC03 was now extremely weak.
• They argued that the protection of anonymity should not be continued.

Ministry of Defence's (MOD) Position

• The MOD initially sought extensions to consider whether to challenge the findings and to consult the Next of Kin of PC02 and PC03 regarding anonymity.
• The MOD reported they were unable to trace the Next of Kin of PC03 despite appropriate efforts.
• The MOD confirmed they had consulted at length with the Next of Kin of PC02, who ultimately did not oppose the lifting of anonymity.
• The MOD subsequently chose not to make any submissions opposing the removal of anonymity.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
In the Matter of an Application by William Thompson for Judicial Review [2025] NICA 25	Coroner's common law discretion to grant anonymity to witnesses and the principle of open justice.	Guided the court's understanding that anonymity is a limited derogation from open justice and must be justified and kept under review.
R (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London [2010] EWHC 3098 (Admin)	Emphasised the importance of holding legal proceedings in public unless good reason exists not to.	Supported the principle that anonymity should be exceptional and justified by risk or other material considerations.
Re McDonnell and Re Officer C and others [2012] NICA 47	Set out circumstances requiring reconsideration of anonymity orders, including material changes in circumstances or requests by interested persons.	Informed the court’s approach to reviewing anonymity in light of the death of PC02 and PC03 and submissions by interested parties.

Court's Reasoning and Analysis

The court acknowledged that the grant of anonymity to PC02 and PC03 was initially justified due to ongoing risks faced by serving or former members of security forces, consistent with their Convention rights. However, the court noted a material change in circumstances since both individuals are now deceased. There were no submissions presented opposing the review or rescission of anonymity. The court considered the principle of open justice paramount and held that the derogation of anonymity must be justified by current circumstances. Given the deaths and lack of opposition, the court concluded that continued anonymity was no longer warranted. The court also ensured that the Next of Kin and MOD had been consulted and had no objection to the removal of anonymity. Consequently, the court ordered that the names of PC02 and PC03 be publicly disclosed in the final version of the inquest findings.

Holding and Implications

The court RESCINDED THE ANONYMITY ORDERS granted to PC02 and PC03, directing that their identities be formally included in the publicly available final findings.

The inquest into the death of the Deceased was formally closed following this ruling. The decision directly affects the parties by removing the protective anonymity previously granted to the two witnesses. No new legal precedent was established beyond the application of existing principles concerning anonymity and open justice in legacy inquests.