Ombudsman plans probe into death of top IRA commander

Ombudsman plans probe into death of top IRA commander

6 July 2016

THE activities of the RUC’s Special Branch in South Down will be a key part of a second major inquiry by the Police Ombudsman.

Just weeks after the publication of the Loughinisland report the Ombudsman has announced an investigation into the killing of IRA commander Colum Marks by an undercover RUC unit in 1991.

Central to the investigation will be the role played by Special Branch agents and just how much information was given to the police before Marks tried to set off a horizontal mortar in St Patrick’s Avenue.

The mortar malfunctioned as Marks tried to fire it at a passing police patrol and minutes later he was shot dead in Dunleath Park as he ran from the scene of the failed attack. A second IRA terrorist escaped from members of the undercover unit by running into the former Acton’s Bar.

News that the Ombudsman, Dr Michael Maguire, has decided to launch an inquiry came at the High Court last week where members of Marks family were involved in an action trying to force Dr Maguire to examine the killing.

Dr Maguire had previously said legally he could not investigate the death because the RUC had already completed an inquiry. However, lawyers claimed an eyewitness has now come forward claiming Marks had been arrested before he was shot.

As a result of the new evidence the High Court was told the Ombudsman will now investigate the killing.

The allegations from the eyewitness, who has remained silent for 25 years, are the first to claim Marks had already been detained. Previously family members had claimed Marks was running from the scene when he was shot by the undercover soldiers and could have been arrested.

The sergeant from the Headquarters Mobile Support Unit who shot Marks said he ignored a number of warnings to stop and was shot because it was feared he was a threat.

Marks was the commander of the IRA in Downpatrick having moved to the town from Newry to revitalise the terrorist grouping in the county town. He is believed to have played a key role in the land mine explosion on the Ballydugan Road which killed four UDR soldiers in April 1990.

Central to the Ombudsman’s new inquiry will be how much Special Branch knew of the mortar operation in 1991 which led to the death of Marks. However, the inquiry will also have to examine the veracity of the new eyewitness’ allegations.