3 June 2014 Edition
British censured over inquest delays
Judge awards families compensation over ‘unlawful delays’
THE families of IRA Volunteers Pearse Jordan and Pete Ryan, shot dead in shoot-to-kill operations, were among six families compensated by a Belfast High Court judge for “unlawful delays” to the inquests into their deaths.
Legal representatives for the six men challenged the coroner, the PSNI, Police Ombudsman’s office and British Ministry of Defence after multiple delays to the inquests.
The six are:
Pete Ryan, killed by the SAS in 1991;
Pearse Jordan, killed by the RUC in 1992;
Fearghal McCusker, killed by the Loyalist Volunteer Force in 1998;
Neil McConville, killed after a car chase, the first person shot dead by the PSNI in 2003;
James McMenamin, knocked down by the PSNI in 2005;
Stephen Colwell, shot by the PSNI in a stolen car in 2006.
The families maintained that their human rights were breached by the failure to examine the circumstances surrounding the deaths as soon as possible.
Awarding each of the families £7,500, Judge Stephens agreed that the inquests were unlawfully delayed saying:
“It is obvious that if unlawful delays occur in an investigation into the death of a close relative this will cause feelings of frustration, distress and anxiety to the next of kin.”
Pádraig Ó Muirigh, who represents five of the families, welcomed the judgement but added:
“The state is still letting families down.”
He said legal advisers will be studying the ruling to see what impact it will have on other delayed investigations.
Meanwhile, the Court of Appeal in Belfast has quashed the conviction of Lurgan man Martin McCauley who was convicted in 1982 of possessing weapons uncovered after an RUC shoot-to-kill operation in which teenager Michael Tighe was killed.
Karen Quinlivan QC, McCauley’s barrister, said that senior RUC officers lied to prosecutors and tried to manipulate the case.
Tape recordings from MI5 bugs placed in the hayshed where McCauley and Tighe were shot and which could have supported McCauley’s defence at his trial had been destroyed.
“The entire conspiracy was designed to ensure police were immune from prosecution,” said Quinlivan.
While welcoming Martin McCauley’s acquittal Sinn Féin MLA John O’Dowd highlighted the fact that, 32 years on the from the death of Michael Tighe, no inquest has been held into his death or the deaths as a result of other shootings involving state forces in the area.
“It’s time the families are allowed access to the truth about the deaths of their loved ones and full inquests are held.”


