Move to grant inquests ‘inspires victims and survivors’

A fresh inquest has been granted into the death of nationalist councillor Patsy Kelly in 1974.

It comes after a campaign by his family as they seek answers regarding his death at the hands of loyalist paramilitaries in suspected collusion with British forces.

Mr Kelly was last seen alive in the early hours of July 24, 1974, as he drove away from the Corner Bar in Trillick, Co Tyrone, where he worked. His body was found in Lough Eyes, near Lisbellaw, in Co Fermanagh, three weeks later on August 10. He had been shot six times.

While loyalist paramilitaries claimed responsibility for the murder, it is widely believed the killing was perpetrated by members of a local British Army patrol. No one has ever been charged or prosecuted.

Earlier this year, the Police Ombudsman found that the RUC investigation into the murder was “wholly inadequate,” with the actions of some RUC men indicative of “collusive behaviour”.

Following the ombudsman’s report, the family reiterated its demand for a fresh inquest to be ordered. An original inquest in 1975 delivered an open verdict. However, their request was turned down.

The family challenged this decision with a judicial review, which was heard last Monday. By Thursday, the family received a letter to say that a fresh inquest would be held.

The Kelly family welcomed the decision and said they will “immediately ask the presiding coroner to timetable the inquest for a hearing”.

The family added, “The opportunity now is real for the truth about Patsy Kelly’s murder to be delivered as evidence in court.

“The Kelly family thanks everyone in the community who has given unwavering support during the past 49 years.

“In Teresa Kelly’s words after court on Monday, ‘the fight goes on’.”

Sinn Fein West Tyrone MP Orfhlaith Begley welcomed the development.

“This is the right decision given the damning findings in the Police Ombudsman’s report on Patsy’s abduction, the levels of cover-up and collusion involved, and the RUC’s failure to properly investigate this brutal murder,” she said.

“Today’s decision is a testament to the Kelly family, who have campaigned for almost five decades with courage and determination to uncover the truth.”

Meanwhile, a fresh inquest has also been ordered into the deaths of three Catholic men, including an off-duty British soldier, who were shot by the British Army 52 years ago.

The former British soldier, Robert Anderson, 25, along with Sean Ruddy, 19, and Thomas McLaughlin, 27, were shot on Hill Street in Newry on October 23, 1971, as they made their way home from a bar.

It was falsely claimed at the time that the men had been attempting to steal cash being dropped off at a night safe.

A fresh inquest was ordered into the deaths just as a proposed British government Legacy Bill, which would see all inquests halted, is in the final stages of the Westminster process.

Mr Anderson’s niece, Michelle Osborne, who attended a press conference on Friday with her mother Bernadyne Casey, a sister of Mr Anderson, said her family was relieved by the decision.

“My uncle Robert was 26 when he died, my daughter is 26 now and she has her whole life in front of her,” she said.

“That is something Robert’s own family and his mammy didn’t get to experience, him getting married or having children - his life was just cut short.

“Thirteen weeks to the very day he died, his mammy died. She died of a broken heart after he was shot.”

Lawyer Gavin Booth, of Phoenix Law, said the inquest is a “welcome step in the battle for justice”.

“These men were totally innocent.

“They were not linked to any organisation, nor were they involved in any criminality. They were simply making their way home from a bar,” he said.

In terms of the Legacy Bill, Mr Booth said: “It is still not law. Mr Justice Humphreys said last week in the inquest reviews that at this time the courts will continue to do business. We are minded to keep going with these inquests.

“We think that if the PSNI and MoD properly resource the inquest process and properly provide disclosure, the outstanding inquests can and should happen.

“We believe that this inquest can happen. It’s a single incident in Newry in 1971. The documents will be there in the PSNI and MoD stores, and they should quickly engage with this process.

“Should the Bill come into force, we will not stop until we get this inquest. The families have a right to have access to court.”

Research charity Paper Trail has unearthed new evidence in both cases.

Spokesman Ciarán MacAirt said the families of Mr. Kelly and Anderson “have inspired victims and survivors of the conflict across these islands who yearn for truth and justice”.

“Rulings for new inquests in each of these murders by British Armed Forces come at a time when the British state is trying to legislate its pernicious Legacy Bill, a Bill of Shame that attacks our basic human rights and denies families equal access to due process of the law,” he said.

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