Madden & Finucane
Ranked
Number 1
by Chambers,
the clients guide
to the legal profession
Chambers and Partners have been publishing their
world-famous guides to the legal profession since 1990. The key to the success
of their legal directories and the validity of their awards is the in-depth,
unbiased research conducted by their team of highly qualified and experienced
researchers. View more
Madden & Finucane
present
the Madden & Finucane
and Pat Finucane
Aisling Awards
The Aisling Bursaries, launched in March 2000, are
an educational initiative between Belfast Media Group and West Belfast
Partnership. The Aisling Bursaries are designed to help students defray their
education and training costs.
View
more
|
|
High Court in Belfast
19th December 2003 --
At the High Court in Belfast on Friday (19 December) the fathers of two IRA
volunteers shot dead in controversial circumstances by undercover British
soldiers more than thirteen years successfully judicially reviewed the Chief
Constable for failure to provide the Coroner conducting the Inquest with a copy
of the RUC Investigating Officer's report and unredacted intelligence reports in
connection with the shooting.
Dessie Grew (37) and Martin McCaughey (23) were shot dead at Lislasley, near
Loughgall, on 9 October 1990. Their families claim that up to 200 rounds were
fired as they were unarmed near a disused mushroom shed. Autopsy reports
revealed at least 48 gunshot wounds on Grew and at least 12 gunshot wounds to
McCaughey. The soldiers claimed that both men were shot as they emerged with
rifles from the shed. It has been claimed that the rifles were later planted
there by the soldiers.
No inquest has yet been held into their deaths. Papers were forwarded by the
police to the office of the DPP and in April 1993, the DPP directed that no
soldier should face criminal charges as a result of their actions. Despite
retaining papers since October 1994, the Coroner has yet to hold the Inquest
into the two men's deaths.
A lawyer representing the families of both deceased had argued that the Chief
Constable was under a duty to provide the Coroner with the Investigating
Officer's report to the DPP. Séamus Treacy QC argued that the Chief Constable
was obliged by domestic, European and common law, and Mr Weatherup J rejected
arguments on behalf of the Chief Constable that the reports were confidential,
irrelevant, and likely to influence the candour with which police officers may
conduct their investigations. He also rejected suggestions that to disclose the
Investigating Officers report would create a 'chilling effect' on the public
co-operating with the police's inquiries.
Mr Weatherup J also ordered that the Chief Constable provide the Coroner with
unredacted intelligence reports leading to the shooting of both men. It will
then be for the Coroner to decide on their relevance and whether they should
then be provided to the lawyers for the next of kin.
The court was also highly critical of the 'inordinate delay' which has prevented
the delay in the Inquest proceedings and declared that the State has been in
breach of their obligations to the next of kin. The judge awarded costs
against the Chief Constable.
Fearghál Shiels of Madden & Finucane Solicitors, who represent both the Grew and
McCaughey families said at court:
"There is no evidence that the RUC/PSNI at any stage took the initiative in
progressing the Inquest, a process in which they are intimately involved, given
their statutory obligation to provide documentation relating to their
investigations to the Coroner. We welcome the decision of the High Court and
this will have profound implications for the way in which this and other
Inquests involving lethal force by the State will proceed in future, and with
regard to how Inquests have been conducted in the past."
|
|
more..
|
|
|