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Britain told to justify deaths of IRA pair
27 February 2011 --
THE European Court of Human Rights (ECHR) has asked the government to justify
its use of lethal force in the killings of two members of the Provisional IRA.
Dessie Grew, 37, and Martin McCaughey, 23, were shot dead in October 1990 by the
SAS at a remote farmhouse near Loughgall, Co Armagh, after they collected
weapons from a shed. The ECHR, which is based in Strasbourg, France, has also
asked Britain to explain why no inquest into the deaths was held. Lawyers
representing the dead men's families have argued that the government breached
their rights by failing to provide an "effective and official" investigation
into the killings.
The family of McCaughey, a Sinn Fein councillor from Galbally, Co Tyrone, say he
was shot in the head 10 times. According to the dossier sent by lawyers to
Strasbourg, Grew, a convicted member of the IRA from Charlemont, near Loughgall,
had 48 bullet wounds. No shot was fired by either of the deceased, who were
killed by four undercover soldiers. More than 70 shots were fired in the attack.
Peter McCaughey, Martin's brother, said his family welcomed the ECHR's decision
to examine the deaths. "My family has sought justice for over 20 years. We want
to know why Martin and Dessie were shot dead and why they were not arrested at
the scene," McCaughey said.
"The ECHR is an independent court. We would have no faith whatsoever in any
British investigation. We have fought long and hard for a full independent
inquiry into what happened. We are hoping that the European courts will give us
justice and the truth will eventually emerge."
McCaughey said his brother had joined the IRA when he was 17 years old and was
on active service when he was killed. "Martin was an IRA volunteer.
Our family have been involved in the republican movement for generations - we
would never deny that and are proud of it. We just want to know what happened
and why the British Army chose to kill Martin and Dessie rather than arrest them
[that] night."
The killings followed an upsurge in IRA attacks against the security forces in
Armagh and east Tyrone. McCaughey had been wounded in a shoot-out with
undercover soldiers at Cappagh, Co Tyrone, the previous March. He escaped across
the border and recovered at a safe house.
He was subsequently expelled from Dungannon town council for failing to attend
three consecutive meetings.
It is thought he failed to attend due to injuries sustained in the shoot-out.
Grew was a leading member of the Provisional IRA and had been involved in the
Irish National Liberation Army (INLA), a leftist paramilitary group. He had been
jailed three times.
Grew came from a republican family and was the second of them to be killed by
the security forces. In 1982 his brother Seamus was shot dead by police in Co
Armagh.
At the time of his death, Dessie Grew was wanted for questioning by the German
police in connection with the murders of Maheshkumar Islania , an RAF corporal,
and his six-month-old daughter Ruthie, who were killed at Wildenrath in 1989.
Fearghal Shiels, a solicitor with Madden & Finucane, who is acting for both
families, said the British state had failed to hold a proper investigation into
the deaths.
"The RUC officers who investigated the killings lacked the requisite degree of
independence," he said.
"The combination of the police investigation and the Director of Public
Prosecutions' refusal to prosecute, and the complete absence of any reason for
that decision in circumstances where over 70 shots were fired without any shots
returned, did not amount to an effective investigation in that it was not
capable of identifying and punishing those responsible.
"Neither the RUC nor DPP investigations were open to public scrutiny."
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