THE WIFE of one of the men being held in connection with the murder of Constable Ronan Kerr has launched a legal challenge over being denied access to the family home.
Sarah McKiernan has been granted leave to seek a judicial review of the prohibition imposed during police searches of her house in Omagh, Co Tyrone. Her husband, Seán McKiernan (40), is one of three men being questioned about the fatal car bomb attack on Constable Kerr outside his home in the town on April 2nd.
The mother of three is seeking a High Court declaration that the PSNI acted unlawfully during searches of her home, which began a day after the killing.
She claims that her right to respect for privacy and family life under the European Convention on Human Rights was violated.
Even though police have now allowed Mrs McKiernan back into the property at Shergrim Glen, she is pressing on with her case on points of legal and public interest.
After clearing the first hurdle, a full hearing of the issues has now been listed for later in the year.
Mr McKiernan was detained near Omagh last Thursday, but has not been charged. His wife’s lawyers have argued that the PSNI acted outside the authority of a warrant granted to search the home for forensic trace evidence.
They claimed officers carried out tests but continued to occupy the premises and refused Mrs McKiernan and her children leave to return for a number of days.
In an affidavit, Mrs McKiernan claimed the search began at around 6am on Sunday, April 3rd. She said that later that day her family was removed from the house after being given a plastic bag and told they were allowed to take a few items of clothing.
The legal papers stated that she was told the search would be finished by last Wednesday, with swab tests to establish the existence of any forensic trace evidence. Mrs McKiernan claimed, however, that she was then informed that no return would be allowed until the results were known. Her children were unable to attend school last week because they did not have uniforms.
The court heard yesterday the family were allowed back into the house over the weekend. A full legal exploration has been pencilled in for September.