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Madden & Finucane
present
the Madden & Finucane
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education and training costs.
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Press Statement on behalf of the families of Danny Doherty and Gerard Casey
09 July 2010 --
The Attorney General for Northern Ireland, John F. Larkin QC, has directed that
the Senior Coroner for Northern Ireland hold new inquests into the deaths of
Danny Doherty and Gerard Casey.
Danny Doherty was shot dead by members of the SAS in the grounds of Gransha
Hospital in Derry on 6 December 1984, with another man William Fleming. Danny
Doherty was riding a motorcycle which was rammed by undercover soldiers. A total
of 59 shots were fired at the two men and Danny Doherty was struck 19 times.
Forensic evidence suggests that six shots were fired into his body as he lay
wounded on the ground. Both men also received gunshot wounds to the head in
circumstances where they were wearing crash helmets.
Gerard Casey was shot dead by the UFF as he slept in bed with his wife at
Rasharkin, Co Antrim, on 4 April 1989. Allegations of collusion between Loyalist
paramilitaries and the security forces were made in relation to Mr Casey’s
murder. Gerard Casey had been arrested and detained in Castlereagh Holding
Centre on a number of occasions since 1985, the last occasion upon which he was
detained was in October 1988, and he alleged that RUC officers had threatened
him and specifically stated that they would see that he was shot. On that
occasion Mr Casey’s home was searched, a legally held shotgun was removed from
Mr Casey and was never returned and police took a sketch map of the interior of
his home during the course of the house search.
Madden & Finucane Solicitors brought successful judicial review challenges on
behalf of the families of both men (and also the family of Francis Bradley (1),
shot dead near Toome on 18 February 1986) in 2007 in which it became known that
the RUC withheld significant documents from the Coroner conducting the Inquests,
in clear breach of its statutory obligations to provide the Coroner with all
written documents in their possession.
The withheld documents included potentially crucial eye witness accounts,
intelligence reports, army log sheets and in the case of Danny Doherty, details
of the Royal Military Police investigations.
As a result of a change in the rules governing inquests, brought about by a
successful judicial review by Madden & Finucane Solicitors in the context of the
inquest into the death of Pearse Jordan, shot dead by the RUC in 1992, the
soldiers responsible for shooting Danny Doherty must now give evidence at the
inquest.
Fearghal Shiels, of Madden & Finucane Solicitors today welcomed the Attorney
General’s decisions and said:
"The RUC showed a blatant disregard for its statutory obligations in terms of
the documents it should have provided to the Coroner for the original inquests.
This formed the basis of the applications to the Attorney General to order new
inquests.
The soldiers who shot Danny Doherty evaded giving evidence at the first inquest
held in 1986. They must now attend to give evidence and somehow explain why
nineteen shots were fired at him, mostly from behind when he posed no threat,
and again whilst he lay mortally wounded on the ground. They must further
explain how he sustained a gunshot wound to the head in circumstances where he
wore a crash helmet. Their self-serving accounts were not probed or tested
sufficiently by the RUC and they will now be subject to cross examination by the
legal representatives for the family."
Julie Doherty, wife of Danny Doherty said:
"I am happy with the Attorney General’s direction. The State has to be held
accountable for their actions."
In relation to the death of Gerard Casey, Mr Shiels said:
"Gerard Casey was subjected to an intense campaign of harassment by the RUC and
was threatened in Castlereagh in October 1988 that he would be shot. The vast
number of documents not provided may have had a significant impact on the
conduct of the Inquest and might well have impacted on the jury’s verdict."
ENDS
(1) The Attorney General directed a new inquest be held into the death of
Francis Bradley in May 2010.
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