High Court orders nomination of judge for evidence in designated UK inquest under 2019 Act.

THE HIGH COURT

[2026] IEHC 32

Record No. H FTE 2026 1

IN THE MATTER OF SECTION 3 OF THE CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 2019

AND

IN THE MATTER OF AN APPLICATION BY THE COMMISSIONER OF AN GARDA SÍOCHÁNA

BETWEEN

COMMISSIONER OF AN GARDA SÍOCHÁNA

APPLICANT

AND

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 2019

RESPONDENT

Ex tempore JUDGMENT of Mr Justice David Barniville, President of the High Court, delivered on the 21st day of January 2026

1. This is an application by the Commissioner for An Garda Síochána for an order under s.

3(7)(b) of the Criminal Justice (International Co-Operation) Act 2019 (the “2019 Act”) to nominate a judge of the High Court to take evidence in accordance with s. 3 of the 2019

Act. The application is made in circumstances that are set out in the grounding affidavit of Gareth Henry, a solicitor and legal adviser in An Garda Síochána and it arises on foot of a Request for Assistance made by the Coroners Service for Northern Ireland under s. 3 the 2019 Act.

2. As explained by Mr Henry, the Coroner, His Honour Judge Brian Sherrard, is in the process of conducting an inquiry into the death of Kieran Doherty, which occurred on 24 February 2010 in Northern Ireland. The request is made in the context of an inquest that is being held under the laws of Northern Ireland. It is not a “Northern Ireland troubles related inquest” as defined by s. 1 of the 2019 Act, since the relevant death occurred after 10 April 1998.

3. On 7 April 2025, the inquest was designated in writing by the Minister for Justice in accordance with s. 2 of the 2019 Act as a “designated United Kingdom inquest” for the purposes of the 2019 Act. The Coroner then made a Request for Assistance on 14 August 2025. The Coroner’s request sets out seven questions in respect of which the Requesting Coroner has requested the provision of evidence on oath in accordance with the statutory procedure set out in the 2019 Act.

4. In a decision made on 12 November 2025, the Commissioner of An Garda Síochána acceded to that request, pursuant to s. 3(3) of the 2019 Act in respect of the seven questions set out in the Request for Assistance. That decision was notified to the Requesting Coroner, pursuant to s. 3(6) of the 2019 Act by letter dated 5 December 2025 sent on behalf of the Commissioner by Mr Henry. The letter confirmed the designation under s. 3(7)(a) of the 2019 Act of Chief Superintendent XXXXXXXX as the appropriate member from whom the evidence will be taken. It is also confirmed by Mr Henry that it is proposed that the taking of evidence will be done in the presence of the Requesting Coroner or his legal representative(s) and the Commissioner or his legal representatives only. It is noted that the taking of such evidence under s. 3 of the 2019 Act must be done otherwise than in public. It is further noted that under the 2019 Act and, in particular, s. 3(9)(d) of the 2019 Act, such judge as I will now nominate may give directions in relation to the arrangements for the taking of evidence, including directions for the purpose of securing the safety of the designated member of An Garda Síochána, from whom the evidence is to be taken.

5. Having considered the papers in advance of the hearing of the application this morning, I made enquiries of Mr Justice Paul McDermott as to whether he would be in a position to serve as the nominated judge for the purpose of taking this evidence and he confirmed that he would be in a position to do so. He performed a similar role in the only previous order made under the 2019 Act.

6. In those circumstances, I will make an order under s. 3(7)(b) of the 2019 Act nominating Mr Justice Paul McDermott to take evidence in accordance with s. 3 of the 2019 Act. I will direct that the matter be listed for mention before Mr Justice McDermott in the Criminal Courts of Justice on such date as may be arranged with Mr Justice McDermott’s registrar.

Thereafter, it will be a matter for Mr Justice McDermott to give the appropriate directions for the taking of the evidence. He has confirmed that he will give priority to the taking of such evidence.