In the courts this week

Court protects RUC killer

The family of IRA Volunteer Pearse Jordan has expressed anger after the Court of Appeal dismissed their case against the Director of Public Prosecutions' decision to refuse to press charges against the RUC man responsible for killing Pearse on 25 November 1992.

The Court of Appeal dismissed the case against the DPP on Friday 12 December.

The Jordan family had been seeking an explanation as to why the DPP had arrived at the decision not to prosecute the RUC officer responsible for Jordan's death, known only as Sergeant 'A.'

IRA Volunteer Pearse Jordan was unarmed when he was shot dead by members of the RUC in an attack that bore all the hallmarks of a shoot-to-kill operation.

The RUC later claimed Jordan was shot as he ran from them and that he had previous convictions. They also claimed that a second man had been arrested at the scene and that a bomb, gloves and masks were found in the vehicle. All these assertions were false. Jordan had never been arrested or convicted, no other person was arrested and nothing of any significance was found in Jordan's car.

This week, the Jordan family expressed their frustration with the decision and said the ruling will not deter them from seeking justice for Pearse.

"The lack of transparency and of explanation of the failure to prosecute has always been at odds with pathology and eyewitness evidence," said a member of the family. "This evidence is indisputable and supports the fact that Pearse was shot in the back twice, once in the arm, and assaulted while on the ground. This clearly demonstrates excessive and unwarranted use of force, and in our view necessitated a prosecution at the time.

"Further to this, the RUC — in an attempt to 'justify' Pearse's killing — deliberately provided misinformation to the media citing that the car in which Pearse was travelling contained a bomb that Pearse was armed. Both were totally untrue.

"The European Court of Human Rights criticised the failings of the investigative procedures in relations to Pearse's killing, including the killings of twelve other people, and was highly critical of the role of the DPP under Article Two. It was with this ruling, supporting our view, that we again sought to seek an explanation as to why they failed to prosecute Sergeant A.

"Post Article Two, the British government, through the office of the DPP, are obliged to provide us with the reasons not to prosecute Sergeant A. They again failed to do so. In our view, they are in continuing violation of these obligations and today's decision must be seen in that context.

"We will continue to pursue this matter with our legal representatives."

Stormont show trial falling apart

Fiona Farrelly, one of four people charged in connection with alleged intelligence gathering after controversial raids on Sinn Féin's Administrative offices in Stormont in October 2002, was freed after all charges against her were withdrawn without explanation at Belfast Magistrates court on Wednesday 17 December.

Farrelly, Denis Donaldson, Ciarán Kearney and William Mackessy were charged with gathering information after PSNI search parties carried out a series of raids across Belfast. All four were arrested at their homes a number of days after the raids.

In the publicity-driven raids on the Sinn Féin offices, the PSNI took documents and computer discs. Within days, PSNI Chief Constable Hugh Orde was forced to apologise and return what had been seized.

The remaining three, whose case was due to start on Wednesday, were remanded on bail.

PSNI driver convicted of dangerous driving

A member of the PSNI who was convicted of dangerous driving at Belfast Magistrates Court on Monday 15 December was the first member of the PSNI to be convicted arising out of an investigation carried out by the Police Ombudsman's Office.

Alan Leckey was banned from driving for 18 months and fined £400 for driving his Land Rover onto a pavement towards a nationalist crowd which had been protesting against the annual Whiterock Orange Parade at Elswick Street off the Springfield Road on 29 June 2002.

Judge Mark Hamill described the incident, which was shown to the court on video filmed by an international parades observer, as "a totally unnecessary and a gratuitous piece of driving".

Family's ordeal may be over

A Catholic family's 15-year nightmare at the hands of their loyalist neighbours in Limavady may come to an end after a unanimous decision by three judges at Belfast's Appeal Court on Friday 12 December.

The judges overturned the dismissal of a judicial review of the Housing Executive's refusal to move William and Eileen Gamble out of their Edenmore Park home, despite over 100 incidents of intimidation of a sectarian and paramilitary nature against the Donnelly family, who are Catholic.

The court was told that these consisted of verbal and physical threats of a sectarian and paramilitary manner and had resulted in the PSNI being notified on 64 occasions.

The court was also told that the executive's main reason for not taking action to evict the Gamble family was a fear of risk to officials.

Upholding the appeal, the judges made a declaration that in refusing to take action, the executive was in breach of the Donnellys' right to respect for private and family life as laid down in the European Convention on Human Rights.

Judge Robert Carswell said the executive should now consider the matter and reach a decision in accordance with the convention and the opinions expressed by all three judges.

Outside the court, Mr Donnelly and his wife Marion said they were elated. "The Housing Executive's refusal to act was nothing short of criminal and placed the Gambles above the law," he said. "It has been a long fight but I can honestly say that we sought nothing but justice for ourselves as individuals and as a family."