State collusion in 21 murders by unionist death squads to be probed by Police Ombudsman

THE COLLUSION can of worms may be upended if the Police Ombudsman in the North vigorously investigates allegations of collaboration and operational control or influence by the British Army and Royal Ulster Constabulary in 21 murders carried by the unionist Ulster Volunteer Force death squads in mid Ulster during the conflict.

The investigation, though, could take up to four years, the Police Ombudsman's Office has warned.

The revelation of the extensive probe came in a preliminary inquest hearing in Belfast into the UVF assassination of Lurgan republican Sam Marshall on 7 March 1990 as he left Lurgan RUC Barracks with brother-in-law Tony McCaughey and Colin Duffy.

The three were signing on at the police base as part of their bail conditions, accused of possession of ammunition. Their bail conditions were known only to themselves, their solicitors and the RUC.

● Sam Marshall – Shot dead by the unionist UVF while being tracked by British Military Intelligence

As An Phoblacht's Peadar Whelan reported in 2012:

“Up to eight undercover British soldiers on the ground had the trio under close observation when they were attacked by a UVF death squad yet the Historical Enquiries Team refused to investigate the movements and radio logs of these units or their commander, an officer operating from a remote location.

“This failure was especially damning as two of the undercover soldiers had followed the three men on foot and had visual contact with them from less than 100 yards when the gun gang struck at the junction of Kilmaine Street and North Street. The British soldiers maintain that they didn’t see the attack happening and therefore could do nothing to prevent it. However, eyewitness accounts tell a different tale, putting at least one of the British military personnel within 30 feet of the scene.”

Sam Marshall's inquest now faces further delays due to a review by a High Court judge of more than 50 delayed inquests and the Police Ombudsman's investigation.

The family of Sam Marshall have taken separate legal proceedings against state authorities over delays in the long-running case.

Part of their action is against the Police Ombudsman’s Office, claiming it failed to act on the family’s original complaint about police misconduct, made in 2008.

After the inquest hearing, the family’s solicitor expressed concern about the potential four-year timeline.

Fearghal Shiels, of Madden & Finucane solicitors, said:

“The inquest into Sam Marshall’s death is the longest outstanding in this jurisdiction. The family will be very concerned at the length of time it is proposed this investigation will take and it is indicative of the failure of the Department of Justice properly to resource the Ombudsman’s Office – a matter which is currently the focus of separate High Court proceedings which the family have been forced to take.”

● The funeral of Sam Marshall