The planning and control of controversial security operations in Britain could be examined by coroners after a landmark ruling sent relatives of two IRA men shot dead by the SAS to the UK’s highest court, their solicitor claimed today.
Senior judges have granted leave for lawyers representing the families of Dessie Grew and Martin McCaughey to take their case to the Supreme Court in a legal battle over inquests into the killings.
Their lawyer Fearghal Shiels said the decision had profound implications for nearly 20 similar coroners’ court hearings.
“It may change the issues inquests may explore, including the planning and control of security operations. It may make for more effective inquests as far as families are concerned,” he said.
Grew (37) and McCaughey (23) were gunned down near Loughgall in 1990.
It is believed the building they were killed outside at Lislasley, County Armagh, had been under surveillance. Three AK47 assault rifles were found nearby afterwards.
Legal papers in the judicial review application claim four soldiers fired 72 rounds at the two men, with post-mortem reports showing Grew sustained 48 wounds while McCaughey was shot by 10 bullets.
Mr Shiels said the McCaughey case could go to the European Court of Human Rights after the matter was lodged with it last year.
“This is the second time they have had to go to the Supreme Court/House of Lords,” he added.
“They are pleased that the case has been referred but they are frustrated that it has been 20 years this October since their son and brother was killed.”
The deaths, part of a series of shootings which led to allegations of a shoot-to-kill policy by the security forces, are to be reinvestigated by detectives from the Historical Enquiries Team.
That new probe may not be completed until the end of 2010, raising concerns that the oldest outstanding inquest in Northern Ireland could be put back further.
Lawyers for the two IRA men’s families claimed the failure to hold a prompt inquest breached their right to life under European legislation.
They also contended that it flouted domestic law requirements for a tribunal to be set up to examine the deaths as soon as possible.
The case centred on an apparent conflict between a House of Lords ruling that the right to life has no retrospective powers prior to the Human Rights Act coming into effect in Britain in 2000, and an alternative decision of the European Court of Human Rights in a Slovenian case.
A High Court judge rejected one part of the families’ application by siding with the House of Lords interpretation.
However, dealing with the domestic law arguments, he granted leave to seek a judicial review due to the “inordinate delay” in holding an inquest.
Lawyers for the families appealed his ruling on the right to life point.
Judges in the Court of Appeal yesterday dismissed their challenge — a decision anticipated by the families’ legal representatives.
However, they were then granted leave to take the matter directly to the Supreme Court.
Reuters