Massacre families in High Court battle

Massacre families in High Court battle

27 June 2012 - by BY CIARA COLHOUN

THE families of the six local six men murdered in the Loughinisland massacre 18 years ago have won a High Court battle over being refused legal aid to challenge a watchdog report into the shootings.

A judge has quashed the decision to deny funding to the victims’ relatives and ordered it to be reconsidered by a fresh panel.

His verdict strengthens their bid to bring proceedings over former Police Ombudsman Al Hutchinson’s report, which found insufficient evidence of security force collusion with the loyalist killers.

That case was put on hold while the Legal Services Commission’s funding refusal was contested.

The six murder victims, who were all Catholics, were killed when UVF gunmen went into the Height’s Bar in Loughinisland and opened fire as customers watched the Republic of Ireland play Italy in a World Cup match in June 1994.

Those shot dead included 87-year-old Barney Green, one of the oldest victims of the Troubles in Northern Ireland. Also killed were Adrian Rogan, 34, Malcolm Jenkinson, 53, Daniel McCreanor, 59, Patrick O’Hare, 35, and Eamon Byrne, 39.

Five others were seriously wounded.

No one has been convicted of the murders, although 16 people have been arrested in connection with the attack.

Victims relatives suspect the RUC investigation was undermined in order to protect informants.

But in June last year, Mr. Hutchinson found there was not enough evidence of collusion between police and the loyalist gang.

He did identify failings in the investigation, criticising it for a lack of diligence, focus and leadership.

Funding for a legal challenge to the Ombudsman’s report was refused partly on the basis that one of the bereaved had an unmortgaged property which could go towards the costs.

But Mr. Justice Treacy today accepted arguments by the families’ legal team that other issues should have been taken into account.

“There is no evidence that there was any consideration of other factors in deciding what would be reasonable and proper,” he said. “These included considerations on public interest and potential prejudice.”

The judge concluded that the LSC panel had erred in not taking everything into account.

“All I have done is to quash the decision,” he said. “They are going to have to go back to a fresh panel to decide the matter in light of what I have said.”

Costs of bringing the judicial review challenge were also awarded to the Loughinisland families.

Outside court their lawyer, Mr. Niall Murphy of Kevin R. Winters and Co., said he welcomed the court’s decision to overturn the refusal of legal aid to our clients.

“That original decision to refuse must now be considered to be irrational,” he said.