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Husband of plastic-bullet victim wins the right to challenge prosecutors
25 February 2009 --
The husband of a woman killed by a plastic bullet nearly 28 years ago has won
permission to challenge a decision not to charge anyone with her murder.
Jim McCabe, whose wife Nora died after being hit by a baton round in west
Belfast, was granted leave to seek a judicial review in his case against the
prosecuting authorities.
His lawyers have claimed police officers may have plotted to pervert the course
of justice following Mrs McCabe’s death in July 1981.
They further alleged that the RUC man who fired the fatal round meant to
seriously or fatally wound the innocent mother-of-three.
As well as contesting decisions by the Director of Public Prosecutions in 1983
not to bring charges for
murder or perjury at the subsequent inquest, Mr McCabe is challenging reasons
given last year for the failure to prosecute over the death.
A key part of the case centres on footage shot by a Canadian television crew who
were in Belfast to cover the hunger strikes when Mrs McCabe was killed.
The Public Prosecution Service (PPS) claimed police assertions about general
disorder and rioting in the area were borne out by the film, a Divisional Court
panel heard.
It was also stated that prosecutions were not brought because it was impossible
to disprove police allegations that two petrol bombers were nearby when Mrs
McCabe was shot.
In addition, the PPS took the view that a court could not be certain that the
officer who fired the fatal plastic bullet – identified as Witness A – intended
to kill or cause serious injury.
But Mr McCabe’s lawyers claimed footage played in court proved the police
depiction of rioting and disorder in the area was false.
They also argued that the film completely discredited accounts given on oath by
five police officers and Witness A.
Lawyers for the PPS based their opposition to the application on the passage of
time and that no new facts had emerged since 1983.
However, Lord Justice Higgins ruled yesterday that it was an appropriate case to
grant leave to apply for a judicial review.
With a full hearing expected later this year, Mr McCabe described the judgment
as a step closer to obtaining justice.
“I’m pleased we have cleared the first hurdle,” he said outside the court.
“My kids and I have been waiting a long, long time for some form of positive
movement in the case.
“It’s just a small step in a long journey we have been on since 1981.”
His solicitor, Fearghal Shiels of Madden & Finucane, claimed it was highly
unusual for the court to grant leave to apply for judicial review when there had
been such a delay in bringing the challenge.
“That’s a reflection of the significant issues and public interest involved in
the case,” Mr Shiels said.
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