Tag: Coroner

BALLYMURPHY MASSACRE SUPPORT GROUP FOR THE TRUTH !!!

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Ciaran Cahill

The Ballymurphy Massacre Families are very upset by the news that the coroner has suspended the inquest into the deaths of their loved ones. This decision was made without the knowledge or consultation with the families. At a preliminary hearing this morning the senior corner informed legal representation for the families of Francis Rowntree, who was also murdered by the British Army, that he had legal advice that the decision of the Attorney General, John Larkin QC, to direct fresh inquests into legacy inquests may be unlawful.

The senior coroner also informed legal representation that he was taking no further action into the inquests directed in these cases until he has sought the views of the British Secretary of State and the Advocate General. The Ballymurphy Massacre Families had welcomed the decision last year by the Attorney General to reopen 10 inquests relating to the deaths of our loved ones 41 years ago. We commended the Attorney General for showing leadership and credibility in announcing that the inquests would be reopened.

We feel that when he considered the facts surrounding the sham inquests which took place 41 years ago his decision was the correct one. We regard the original sham inquests as a serious neglect of duty by everyone involved and leave a lot of questions to be answered. The families believe that these inquests must be held without delay, with significant resources and funding provided to the coroner and the families legal representatives to ensure that all of the facts are known. The Ballymurphy Massacre Families are considering a Judicial Review against the senior coroner John Leckey in the light of his decision to suspend the inquests and will not rest until the decision has been overturned.

The Ballymurphy Massacre Families are very upset by the news that the coroner has suspended the inquest into the deaths of their loved ones. This decision was made without the knowledge or consultation with the families. At a preliminary hearing this morning the senior corner informed legal representation for the families of Francis Rowntree, who was also murdered by the British Army, that he had legal advice that the decision of the Attorney General, John Larkin QC, to direct fresh inquests into legacy inquests may be unlawful. The senior coroner also informed legal representation that he was taking no further action into the inquests directed in these cases until he has sought the views of the British Secretary of State and the Advocate General. The Ballymurphy Massacre Families had welcomed the decision last year by the Attorney General to reopen 10 inquests relating to the deaths of our loved ones 41 years ago. We commended the Attorney General for showing leadership and credibility in announcing that the inquests would be reopened. We feel that when he considered the facts surrounding the sham inquests which took place 41 years ago his decision was the correct one. We regard the original sham inquests as a serious neglect of duty by everyone involved and leave a lot of questions to be answered. The families believe that these inquests must be held without delay, with significant resources and funding provided to the coroner and the families legal representatives to ensure that all of the facts are known. The Ballymurphy Massacre Families are considering a Judicial Review against the senior coroner John Leckey in the light of his decision to suspend the inquests and will not rest until the decision has been overturned. · 15 November 2012 ·

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FAMILY’S FIGHT FOR JUSTICE MOVES ON !

INQUEST INTO BARNEY WATTS DEATH IN 1971 TO BE REOPENED !

British Army search for explosives

THE FAMILY OF a North Belfast man murdered by the British Army more than 40-years-ago said they hope the truth will finally be exposed after the Attorney-General agreed to reopen the inquest into his death.

After more than four decades fighting to clear his name the family of Ardoyne man Barney Watts received notice recently the Attorney General will reopen the inquest into his murder and re-examine the circumstances surrounding his death. Last April the release of the Historical Enquires Team (HET) report into his murder concludes the soldiers ” shot the wrong man” and the findings should allow ” for the consideration of an apology at government level ” for the family.

The father-of-one was shot dead near his home in Hooker Street in 1971 after he had been socialising with a friend in the area. The army claimed at the inquest into his death that they shot the 28 year old because he was about to throw a metal object at them that was alight and later exploded, blowing him six or seven feet into the air. However the soldiers’ version of events were challenged by witnesses and forensic reports, with one forensic scientist who took swabs from Mr Watt’s body concluding no presence of lead had been found. The pathologist who carried out the postmortem also said there was no evidence Barney had been injuried in an explosion.

Barney’s wife Theresa, who was seven months pregnant with her daughter Bernadine at the time of his death, has spent the past 40years with the knowledge her husband was shot for no valid reason. Theresa Watts said this week that she always knew the truth behind her husbands murder but is glad another step on the road to a public acknowledgement of his wrongful death is imminent, ” The truth has to come out, I always knew it,” she said. ” I have waited long enough, it is over 40 years now and I have been knocked back so many times. I just kept trying.”

The Watts’ family Solicitor Padraig O’ Muirigh explained how the family were able to successfully petition the Attorney general to reopen the inquest.” There are a number of changes to the Coroner’s court in recent years which assisted the Watts  family‘s decision to make an application to the Attorney-General to reopen the inquests,” he said. ” The fact that the inquest will have to comply with Article 2 of the European Convention on Human Rights (ECHR). The fact that the British soldiers involved in the killings are now compellable witnesses. The fact that the House of Lords has made it clear that the Coroner dealing with an inquest has a generous discretion in relation to the remit of an inquest and the fact that a jury will now be in a position to reach ” findings”. “The decision by the Attorney General is a significant step forward for the families’ quest for truth. ” The Watts family are also considering civil proceedings against the MoD and PSNI in light of these findings. I have also written to the British Secretary of State, Owen Patterson, the British Secretary of State for Defence, Dr Liam Fox, and General Sir Peter Wall, Chief of the General Staff of the British Army to demand an apology for the Watts family for the actions of the British Army.”

WITH THANKS TO : GEMMA BURNS NORTH BELFAST NEWS.

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Shoot-to-kill” inquest opens after 22 years of lies

Shoot-to-kill” inquest opens after 22 years of lies.
One of the oldest outstanding inquests in the North of Ireland has finally begun in Belfast.

The inquest into the deaths of two Republicans shot dead in an ambush by an elite British Army unit over twenty years ago began on Monday.

Sinn Féin councillor Martin McCaughey and Dessie Grew were killed near Loughgall, County Armagh in October 1990. Both men were Volunteers in the Provisional IRA.

They were shot close to isolated farm outbuildings at Lislasley outside Loughgall. The building had been under surveillance for some time by the SAS (Special Air Service).

It was always believed the pair were victims of Britain’s ‘shoot to kill’ policy of deliberate political assassination.

In May 2011, the Supreme Court in London finally cleared the way for the inquest to begin. It ruled that a coroner must examine the operation that brought about the killings, and should not be restricted only to the physical means of their deaths, as sought by the British authorities.

Speaking before the inquest got underway, Peter McCaughey, brother of Martin, said: “Our family have always believed that our brother Martin was deliberately targeted and murdered by members of the SAS.

“We have waited over 20 years for an inquest into Martin’s death and at last we will have an inquest which investigates not only whether individual soldiers unlawfully killed my brother, but whether the SAS deliberately set out to kill Martin and Dessie Grew.”

“We hope, now that any restrictions on the scope of the Coroner’s investigation have been lifted that we will finally get justice for Martin and Dessie.”

Mural commemorating those killed in the Loughg...

However, the inquest coroner, Brian Sherrard, initally appeared to accept British claims that the SAS unit feared they would be the ones attacked.

“At the time of opening fire they believed that the men were going to fire on them,” the coroner said, opening the inquest.

Evidence from a doctor who examined the deceased said there were arms in the shed where the men were killed.

Karen Quinlivan, a barrister representing the families of the two republicans, challenged the soldiers’ claims that they opened fire to protect themselves — by pointing to the manner of their deaths, shot in the head as they lay injured.

She told a soldier witness at the Belfast inquest: “After the two men had fallen to the ground in circumstances where they were clearly wounded by high-velocity rounds which you will acknowledge are extremely damaging, ‘Soldier D’ fired two shots into Dessie Grew as he lay face down lying on the ground and it appears also fired a third shot into Martin McCaughey’s head, the fatal shot into Martin McCaughey’s head, as he lay on his back on the ground.”

An individual known only as ‘Soldier J’ — put forward as an expert in training SAS soldiers but who was not involved in the Loughgall operation — said an SAS unit may still feel under threat even if their target is wounded.

Ms Quinlivan said: “You seem to be suggesting that it is soldiers’ practice to finish off wounded men?’

‘Soldier J’ responded: “It is in the soldier’s mind that if he is approaching someone that may be wounded, may be still armed, may have something that could harm him, it is his responsibility to render that threat no more”.

“You make sure the wounded man is no longer wounded, he is dead,” Ms Quinlivan said.

At least 12 British soldiers are due to give evidence and at least six members of the PSNI/RUC.

Forensics experts and a pathologist will also be called as well as three people located in and around the area of the deaths at the time.

POSTED FOR AND ON BEHALF OF : Diann Isleñita Cook

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AN PHOBLACHT : Supreme Court Victory For Families Of SAS Killings.

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AN PHOBLACHT: Supreme Court victory for families of SAS killings
May – 18 – 2011

Martin McCaughey and Dessie Grew

…THE INQUEST into the killing by the SAS of Martin McCaughey and Dessie Grew in October 1990 must fully and thoroughly investigate allegations of a shoot-to-kill operation by the SAS, the Supreme Court ruled today.

Solicitors Madden & Finucane described it as “a major victory” for the men’s families.

Madden & Finucane said the case was taken because the PSNI had tried to prevent the Coroner from investigating the planning of the operation by the SAS which lead to the deaths.

The Supreme Court, by a majority of 6 to 1, has now ruled that the families can rely upon their Article 2 rights which means that the inquest must not only investigate whether individual soldiers acted unlawfully in shooting Martin McCaughey and Dessie Grew but must also fully and thoroughly investigate allegations of a shoot-to-kill operation by the SAS.

Fearghal Shiels of Madden & Finucane, Solicitors, which successfully brought the case on behalf of both families, said:

This decision represents a major victory for the families, not just in this case but in other historic inquests in which the state is implicated. It means that where allegations of a shoot-to-kill policy have been made these must be thoroughly investigated by the coroner.

The families of Gervaise McKerr, Eugene Toman and Seán Burns, whose deaths were investigated by the Stalker/Sampson team, will benefit from this far-reaching ruling as will many others.

Peter McCaughey, Martin McCaughey’s brother, speaking on behalf of his mother, the applicant in these proceedings, welcomed the decision:

Our family have always believed that our brother Martin was deliberately targeted and murdered by members of the SAS.

We have waited over 20 years for an inquest into Martin’s death and at last we will have an inquest which investigates not only whether individual soldiers unlawfully killed my brother but whether the SAS deliberately set out to kill Martin and Dessie Grew.

We hope now that any restrictions on the scope of the coroner’s investigation have been lifted that we will finally get justice for Martin and Dessie.

This is the second time the family of Martin McCaughey has successfully brought an important legal challenge against the PSNI in relation to inquests.

In March 2007, the House of Lords ruled that the PSNI Chief Constable was obliged to provide all documentation touching the deaths of the deceased to the coroner investigating the deaths. This ruling provided the catalyst to the senior coroner reopening the inquests into the deaths of Gervaise McKerr, Eugene Toman and Seán Burns, and to the Attorney General ordering fresh inquests in 2010 into the deaths of Danny Doherty and Francis Bradley, shot dead by the SAS in separate incidents in County Derry in the 1980s; and Gerard Casey, shot dead by loyalists in north Antrim in 1989.See more

 
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