Pauline Duddy denied Legal Aid for representation at daughter's inquest

Pauline Duddy’s daughter Jasmin (21) died in February 2023 after taking pregabalin.

According to Pauline, no date has yet been set for Jasmin’s inquest as the Pre-Inquest Review (PIR) statements are still being processed by the coroner.

A PIR hearing is an administrative case management hearing to ensure an inquest is managed effectively, efficiently and openly.

A PIR hearing will usually be required for the more complex investigations, particularly where there are contentious decisions to be made on a point of law or other issues that need to be aired in open court.

“Initially I was with Paddy Clay Solicitors here in Derry. They made applications for Legal Aid to enable them to represent me at Jasmin’s inquest, whenever it takes place, and these were turned down,” said Pauline. “They did a tremendous amount of work on the case for which I am very thankful.

“I am now with Ó Muirigh Solicitors in Belfast. They have also made a couple of applications for Legal Aid and have been turned down. Their appeal against the decision not to grant me Legal Aid has now been turned down also,” she added.

“I can re-apply for Legal Aid once we receive the PSNI PIR statements but there is no guarantee I will get it then either.

“This means, at the minute, I have to pay for legal representation because my solicitors cannot do any more work for free.

“For me, it is crucial that I have a solicitor representing me at Jasmin’s inquest. I need to find out what exactly happened in the hours before her death and why.

“My Jasmin was in two breaches of High Court bail. The PSNI were called to the flat she was in over an alleged assault. They actually took a body-worn camera video statement from my Jasmin. They knew her situation. It is all contained in the Police Ombudsman’s report. She was intoxicated with drugs. Jasmin wasn’t a drinker and her toxicology report said there was no alcohol in her system. So the police took body-worn camera video of her, went away, didn’t arrest her for three breaches of bail, which is a failure, and 15 hours later, she was found dead,” said Pauline.

The Police Ombudsman’s report into Jasmin’s death upheld two allegations about police conduct following what it described as a “detailed evidence-based investigation”.

Pauline explained the reason she wanted legal representation at her daughter’s inquest was to find out why the PSNI failed in their “duty of care to Jasmin”.

“I have written confirmation from Jon Boutcher, the Chief Constable, that Jasmin should have been arrested,” said Pauline.

“We have to wait until the PSNI PIR statements come in and then we are going to re-apply for Legal Aid so I can be legally represented at the inquest and get answers to my questions about PSNI failures in the hours before Jasmin’s death,” she added.

“It is going to cost me £1,000 to do that but I put up a GoFundMe page last week and it reached its target within days, and I have now taken it down.

“I am just overwhelmed by the generosity of the people of Derry and beyond who donated their money to help me with Jasmin’s inquest. I cried all day. I am more than grateful.

“It is unbelievable, it is unreal that you have to fight, that you can’t get legal representation to get answers over your child’s death.

“This just isn’t me. This is anybody that is facing an inquest. My family needs answers and, more importantly, Jasmin’s son needs answers,” said Pauline, who added that the length of time it was taking to get a date for Jasmin’s inquest had impacted her mental health.

“A friend of mine who lives overseas made a donation and he messaged me to say, ‘Dirty drug dealers over there can get Legal Aid for court cases and there are you, looking for answers around your daughter’s death and you can’t get Legal Aid,” she added.

“I would just like to thank everyone in Derry and beyond who donated, as well as Paddy Clay Solicitors and Ó Muirigh Solicitors for all their good work.”