Legacy inquests demanded to 'pursue an idea of collusion': barrister

Northern Ireland's Attorney General Brenda King has directed that inquests be held into the deaths of Phelim McNally, 28, in Coagh in 1988, Thomas Casey, 57, in Cookstown in 1990, Sean Anderson, 32, in Pomeroy in 1991 and teenager Dwayne O'Donnell, 17, and Thomas Armstrong, 52, in Cappagh in 1991.

Dwayne O’Donnell was a member of the IRA, and Sean Anderson had been convicted of IRA-related offences.

A solicitor for the families of the men said the cases are linked through suspects, geography, and ballistics, and said he believes the cases involve collusion with state forces.

Gavin Booth of Phoenix Law said new evidence has come to light which “raises serious questions… about the involvement of the 8th Battalion of the UDR in all these killings, as well as the “failure of the RUC to prosecute” those involved.

However, barrister Austen Morgan has said that the peace process concessions to former terrorists have resulted in two parallel justice systems – with one investigating state or alleged state killings, “to pursue an idea of collusion".

Mr Morgan, of the Malone House Group think tank, told the BBC’s Talkback programme: "When you corrupt your criminal justice system, the best thing to do is to get to the end of the corruption.

"It is not a solution to actually run a different criminal justice system – which is that the 10% of state killings are more important than the 100% of people who lost family members, and that the state killings should be pursued, not simply to distinguish a lawful from an unlawful killing, but to pursue an idea of collusion, which can be established for every paramilitary group because the state was involved in every paramilitary group.

"It doesn't mean that the political class running the state was making decisions about executing people. It was a counter-terrorist war, and the police and the army fought it as they chose."

The fresh inquests have been ordered as the government's controversial Legacy Bill is expected to get royal assent later this year.

It is set to give immunity from prosecution for Troubles-related offences to people who co-operated with the Independent Commission for Reconciliation and Information Recovery (ICRIR), and will prevent future civil cases and inquests.

All inquests linked to the Troubles must reach a conclusion by May of next year. After May, cases are then passed to the ICRIR.

On Monday, Gavin Booth said: "For too long these families have sought answers as to what happened to their loved ones.”

He said his clients "are steadfast in their commitment to seeing these inquests completed,” and added: "To be clear, this inquest and all those that are before the courts should continue. These families deserve that right and their inquests should be properly resourced and heard within a timely fashion.

"Our next step is to ask for this case to be urgently listed before the Coroners Court and for immediate steps to be taken to make sure this case goes ahead without delay."

Seana Quinn, sister of Mr O'Donnell, said her family has been fighting for decades for answers.

"Our families are fighting for truth and justice, it's not up for debate. We deserve this inquest," she said.

Davina Bolton, daughter of Phelim McNally, said her father was an innocent man.

"He was out doing his daily things and he was robbed of his life," she said.

"This is an important day for us because we're finally moving forward and getting closer to the truth. We've been waiting for a long time for this, 35 years, we just need truth and justice."

Addressing the NI Affairs Committee at Westminster in June last year, Austen Morgan suggested the justice system was being used for a continuation of the Troubles but without the violence.

“We have had a complete shift away from the real perpetrators of murder to the state agents who were tasked with stopping it,” he said.

“And that is why we have had since 2015, a parade of aged and ill, and indeed dying, soldiers in courts in Northern Ireland”.