Call for striking barristers to exempt Chloe Mitchell murder trial from action

Striking criminal barristers have been urged by cross-party MLAs to exempt the Chloe Mitchell murder trial from their action.

Justice Minister Naomi Long has also urged the Criminal Bar Association to allow the trial to go ahead as planned in February.

It comes after a derogation was granted to allow the trial of a man accused of the 2022 murder of Natalie McNally in Lurgan to go ahead despite the industrial action.

Ms Mitchell, 21, was found dead in Ballymena days after going missing in June 2023.

Brandon John Rainey, 29, whose address was given as HMP Maghaberry and who is formerly of James Street in Ballymena, has been charged with murdering Ms Mitchell in June 2023.

However, the trial is set to be delayed amid the latest escalation in the long-running dispute over fees for legal aid cases which has effectively halted crown court cases involving those who require legal aid.

The five MLAs for North Antrim and MP Jim Allister have written a joint letter to the Criminal Bar Association (CBA) to ask for the same dispensation in the Chloe Mitchell case.

They echoed a call made by Justice Minister Naomi Long in the Assembly on Tuesday ahead of a meeting with the Mitchell family.

Mr Allister, along with Alliance MLA Sian Mulholland, TUV MLA Timothy Gaston, Sinn Fein MLA Philip McGuigan, DUP MLA Paul Frew and UUP MLA Jon Burrows said the Mitchell family’s pain is being “exacerbated with each delay”.

“It’s clear any delay to the trial at this point will only bring more heartache and trauma to a family that has suffered the worst kind of pain in how Chloe was taken from them,” they said.

“It is an unimaginable situation that no family should face, and their pain is being exacerbated with each delay.

“We are therefore urging the CBA to prioritise the family of Chloe Mitchell and act with the same understanding as in the Natalie McNally case.

“The trauma of the ongoing delay has had a serious impact on the health and wellbeing of those closest to Chloe, with her family describing their lives as being put on hold in the most torturous of ways.”

They added: “It is within the gift of the CBA to offer a derogation that will allow the trial to go ahead and to help bring closure for the Mitchell family.

“The deadline for this decision is imminent and the family needs clarity.

“This appeal is not about the substance of the strike, but about the need to permit this family to have closure.”

In a statement on Wednesday, Ms Long described an “intolerable situation”.

“The pain and anguish being experienced by Chloe’s family as they wait for the CBA to make a decision on whether they will allow the trial to proceed is painfully obvious to anyone who has spent time with them,” she said.

“It is an intolerable and immoral situation; no victim should be used as a bargaining tool.

“It is time for the CBA to step up and demonstrate a commitment to mitigating the immense harm being caused to victims and witnesses as a result of their unnecessary withdrawal of services.

“My department has been working relentlessly to try and find a way forward that will address the concerns of the CBA, while also ensuring proper use of public money. I remain committed to that process.

“However, as these efforts continue, it is incumbent upon the CBA to bring to an end to their action which is heaping further misery on victims.”