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2 October 2003 Edition

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Kelly family misled by RUC

Belfast High Court was told last Friday, 26 September, that the RUC misled the family of Independent nationalist councillor Patsy Kelly, who was shot dead in 1974, when they told them the killing had been reinvestigated in 1993.

The disclosure came during a judicial review hearing in which Patsy Kelly's widow Teresa is seeking to overturn a PSNI decision not to allow an independent investigation into her husband's death.

Hearing the Judicial Review, Judge Kerr was given a PSNI transcript of a meeting between the Kelly family solicitor Pat Fahy and the detective in charge of the new investigation, Andrew Hunter. During the meeting, Hunter revealed that an RUC detective Green had written to him in November 2001 saying that the Kelly case notes had been "misplaced" when the case was reexamined in 1993.

Hunter, a senior English Detective Superintendent, admitted to the court he had, "no explanation" as to why Green had written to him to say that a re-investigation of the Kelly case had occurred.

The hearing was adjourned until 17 October to allow the PSNI to respond to this contradictory evidence.

In July of this year, the PSNI publicly announced they had begun a new investigation into the circumstances of Patsy Kelly's death and that Andrew Hunter would head the inquiry.

Although the UDA claimed to have shot Kelly, the family always believed that he was abducted by the UDR and executed. His body was discovered by a fisherman in Lough Eyes a number of weeks after he disappeared. The family also believe the RUC not only failed to carry out a proper investigation into the killing but colluded with the killers to cover up the execution.

The family has objected to the PSNI being involved and wants an independent inquiry.

Teresa Kelly says she has no faith in the PSNI. Her barrister, Seamus Treacy, told the High Court on Friday that this is a collusion case. "Members of the UDR and RUC colluded in the killing of Mr Kelly and the subsequent cover up," he said. "The current investigation is being carried out by those who are members of the police force the applicant believes was involved in the murder and subsequent cover up of the murder."

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