Northern Ireland

Six suspects referred to Public Prosecution Service in connection with fatal hit-and-run

Richard Boyle was killed in a hit-and-run
Richard Boyle was killed in a hit-and-run Richard Boyle was killed in a hit-and-run

SIX suspects have been referred to the Public Prosecution Service in connection with a fatal hit-and-run in west Belfast.

Files were submitted by detectives investigating events surrounding the collision which led to the death of Richard Gerard Boyle.

Details emerged as a woman, now regarded as a further potential suspect, challenged plans by police to download personal data from her seized mobile phone.

Her lawyers claim the decision to access content on her device breaches privacy and data protection laws.

Mr Boyle (42) was reportedly struck by a vehicle while walking his dog on the Stewartstown Road on February 5 last year. He died later in hospital.

In October police searched the home of a west Belfast woman and took her phone.

She is not thought to have been involved in the crash, has never been arrested or interviewed, and cannot be named for legal reasons. But detectives believe her device may contain information relating to the movements of one of those arrested during the investigation.

Judicial review proceedings have been brought against the PSNI over plans to carry out Mobile Phone Extraction (MPE).

The process is used by police and other authorities to download content and personal data from handsets.

The woman claims the action violates her entitlement to privacy and family life, protected by Article 8 of the European Convention on Human Rights.

Contending there is no legal permission to access the information, she also alleges a breach of the Data Protection Act.

The case was fast-tracked for a full hearing to secure a determination before anything is downloaded from the phone.

In court today a judge was told detectives are seeking limited access to the content of any text messages over a period of hours on the night of the fatal crash.

Donal Sayers QC, representing the woman, argued that police can already utilise cell-site analysis.

He also raised issues over his client's status in the investigation, and the impact on any requirement to consider less intrusive measures.

Tony McGleenan QC, for the PSNI, claimed it was a speculative legal challenge against a step not yet taken by the force.

He also contended: "If it's the case that text exchanges show an attempt to frustrate an investigation into a fatal accident, then that will not attract Article 8 protection."

During submissions the barrister disclosed: "Six suspects have been referred to the PPS."

It is understood that files were submitted in January, for consideration on whether to bring any criminal charges in connection with the crash.

Mr McGleenan added: "It's a reasonable line of inquiry to try to extract the text messages during the (relevant) period or to obtain them by consent."

Reserving judgment, Madam Justice Quinlivan pledged to give a ruling as quickly as possible.