O'Neill, R. v (Ruling (No. 2) on Admissibility of Expert Video Analysis Evidence)

David McDowell QC and Rosemary Walsh (instructed by the Public Prosecution Service for Northern Ireland) for the Crown

Martin O'Rourke QC and Colm Fegan (instructed by McIvor Farrell Solicitors Ltd) for the Defendant

[1]������ In these proceedings, the Crown intend to call, and introduce the expert evidence and report of, an imaging expert, Mr Matthew James Stephens.� The relevant report compiled by Mr Stephens is dated 30 October 2019.� He is a Senior Forensic Investigator and his area of expertise is "in the technical processing and detailed analysis of video evidence."� It is not disputed for present purposes that he has expertise in this field and in the field of facial recognition.�

[3]������ I heard argument oral argument on the issue at a pre-trial hearing and give this ruling before the start of the trial under section 40 of the Criminal Procedure and Investigations Act 1996.� Accordingly, there is an automatic reporting restriction in relation to the ruling under section 41 of that Act; and no written report of this ruling or the application which gave rise to it shall be published, or included in a relevant programme for reception, in the United Kingdom until the conclusion of the defendant's trial.

[4]������ Following the defendant's committal to the Crown Court the defence applied to the court to order a 'no bill' pursuant to section 2(3) of the Grand Jury (Abolition) Act (Northern Ireland) 1969. Colton J, in a written judgment ([2019] NICC 12), refused the defence application.� The defendant - while accepting that I am not bound by the views expressed by Colton J - relies upon his written ruling on the 'no bill' application, for reasons set out later.