Justice minister says cases like Chloe Mitchell's should not be 'held hostage'

Kevin Sharkeyand
Abigail Taylor,BBC News NI
News imageFamily handout Chloe Mitchell is smiling in the picture. She has part of her hair tied up in a high bun using an orange scrunchie, while the rest is straightened. She is wearing makeup and an orange top. She also has sunglasses on her head.Family handout
The remains of Ms Mitchell were recovered days after she went missing in June 2023

Justice Minister Naomi Long has said court cases like Chloe Mitchell's cannot be held hostage by the Criminal Bar Association (CBA) strike.

The twenty-one-year-old's body was found a week after she was reported missing in Ballymena in June 2023.

Her family said the trial of Brandon Rainey has been scheduled for the 23 February, but it remains unclear if it will begin on schedule because of the ongoing strike by barristers.

Long met with the Mitchell family at their home in Ballymena following a request from Chloe's father last month.

The family have said they are exhausted by ongoing uncertainties around a date for the trial.

Speaking to BBC Radio Ulster's Evening Extra show, the justice minister said: "They described it to me as torture and it is causing them sleepless nights and anxiety."

"Nothing will ever repair the damage done by Chloe's murder, they have lost a beautiful daughter but they feel that they owe it to her to get justice. and I want to echo with their appeal," Long said.

Long said she was "sympathetic to the family" believing that the case was an exceptional one but "it shouldn't be by exception that people get justice".

"We cannot continue to hold these cases hostage while we have a discussion about legal aid fees. It isn't ethical and it isn't appropriate," she said.

The trial of a man accused of murdering Natalie McNally is to proceed next month, after the judge said he was "grateful" it will not be impacted by the barristers' strike.

Scheduling the case for trial, the judge said: "This is a trial which has received its exemption from the ongoing action and I'm grateful for that."

The family have pleaded with the CBA to allow a similar exception for Chloe's trial to go ahead during the strike.

Long explained that it was only up to the association who receives an exception.

"It is the constant uncertainty about cases that is causing trauma, I can't make those promises."

News imagePA Media Long has ginger hair and is wearing a black top. PA Media
Naomi long met with the Mitchell family at their home in Ballymena

Speaking to BBC News NI, Philip Mitchell, Chloe's brother, renewed a family appeal to the striking barristers to allow the trial to go ahead.

Philip said the delays have caused "more hurt, more pain and more trauma".

"The stress, exhaustion, it has been going on for nearly three years. It has been nothing but setbacks. It's setbacks and more setbacks, we get a date and then setback. We just don't seem to be getting anywhere."

Politicians in the area have also issued a joint appeal to the Criminal Bar Association (CBA) asking lawyers to provide the clarity requested by the Mitchell family.

"My mother and father can't thank them enough for everything they are trying to do and trying to get the CBA to take this court case on," Philip said.

"For them to come together and fight for us to get our trial it means the absolute world to us."

News imageLiam McBurney/PA Wire A floral tribute arrangement in the shape of a heart. A picture of Chloe is in the middle. It is placed in a park.Liam McBurney/PA Wire
A tribute to Chloe at King George's Park in Harryville, Ballymena

In a statement, the Bar Association said, "We are currently engaged in discussions and are trying to arrange further meetings with the PPS and others about this case and other cases.

"It would be inappropriate to comment outside of those discussions."

On Thursday, the deputy director of the Public Prosecution Service (PPS), Michael Agnew, told Stormont's justice committee that he hopes the strike will soon end.

"When the withdrawal of services ceases as we all hope it soon will, the demand from dealing with the increased volume of cases before the court will make it more difficult to give timely attention to new cases received from police which require a timely decision from the PPS," he added.