15 November 2001 Edition
Finucane family's court challenge to Stevens Inquiry
Solicitors Madden and Finucane of Belfast on Tuesday lodged Judicial Review proceedings against John Stevens for failure to provide any relevant documentary material to the Finucane family relating to the murder of Pat Finucane.
On 9 October last, Hugh Orde wrote to Geraldine Finucane offering her 'any support (she) may need need before, during or after the trial 'of Billy Stobie'. Geraldine Finucane's solicitor wrote to Orde to take him up on this offer. She requested copies of all relevant documentary material relating to the murder investigation and indicated that she would welcome a meeting after the material was provided. Despite his offer, Orde replied on 7 November, refusing access to any of the material requested, including the trial papers.
The Finucane family have consistantly refused to acknowledge the Stevens Investigation as a bona fide truth seeking process.
Geraldine Finucane said: "Mr. Orde wrote to me offering his assistance. My solicitor asked him for relevant documentary material relating to the investigation. He has offered to meet me to discuss the case but has refused to let me have even one page of relevant documentation. I think that this failure reinforces my suspicions that the Stevens Investigation was established to prevent or obstruct the truth getting out.
"The trial of Billy Stobie, although a public proceeding, does not satisfy the search for the truth about all the circumstances surrounding my husband's murder. I have no input into this trial. My legal advisors are not able to call or question any witnesses and now Mr Orde has refused to give my legal advisors access to the undoubtedly voluminous relevant material.
"It is nothing short of astonishing that whilst Mr Stobie, the prosecution, the RUC, the trial judge, and others have access to voluminous documentation, the victim's family is being provided with absolutely nothing."
Madden and Finucane will argue that the refusal to provide the material sought is unlawful and in violation of Article 2 of the European Convention on Human Rights (the right to life) and the recent European Court ruling in the case taken by McKerr, Jordan, Kelly and Shanaghan against the British government.
On 9 October last, Hugh Orde wrote to Geraldine Finucane offering her 'any support (she) may need need before, during or after the trial 'of Billy Stobie'. Geraldine Finucane's solicitor wrote to Orde to take him up on this offer. She requested copies of all relevant documentary material relating to the murder investigation and indicated that she would welcome a meeting after the material was provided. Despite his offer, Orde replied on 7 November, refusing access to any of the material requested, including the trial papers.
The Finucane family have consistantly refused to acknowledge the Stevens Investigation as a bona fide truth seeking process.
Geraldine Finucane said: "Mr. Orde wrote to me offering his assistance. My solicitor asked him for relevant documentary material relating to the investigation. He has offered to meet me to discuss the case but has refused to let me have even one page of relevant documentation. I think that this failure reinforces my suspicions that the Stevens Investigation was established to prevent or obstruct the truth getting out.
"The trial of Billy Stobie, although a public proceeding, does not satisfy the search for the truth about all the circumstances surrounding my husband's murder. I have no input into this trial. My legal advisors are not able to call or question any witnesses and now Mr Orde has refused to give my legal advisors access to the undoubtedly voluminous relevant material.
"It is nothing short of astonishing that whilst Mr Stobie, the prosecution, the RUC, the trial judge, and others have access to voluminous documentation, the victim's family is being provided with absolutely nothing."
Madden and Finucane will argue that the refusal to provide the material sought is unlawful and in violation of Article 2 of the European Convention on Human Rights (the right to life) and the recent European Court ruling in the case taken by McKerr, Jordan, Kelly and Shanaghan against the British government.