Ombudsman probe into Kilcoo killing set to begin

Ombudsman probe into Kilcoo killing set to begin

5 February 2020

CONFIRMATION that the Police Ombudsman is to expedite an investigation into the circumstances surrounding a loyalist murder at a Kilcoo pub almost three decades ago has been welcomed.

Peter McCormack — a 42 year-old Catholic man — was killed when a UVF gang burst into the village’s Thierafurth Inn and opened fire in November 1992. A number of others in the pub where a darts tournament was being held were seriously injured.

One of those who survived the gun attack, Brendan Morgan, brought a legal challenge against the Ombudsman and Department of Justice, claiming an unlawful delay in commencing an investigation into suspected security force collusion with the killers.

Based on funding pressures, the watchdog had indicated that a probe into his complaint was unlikely to commence before 2022.

But, in the High Court last week, it was confirmed that an investigation is now set to get underway in six weeks’ time.

The judge, Sir Paul Girvan, said counsel on behalf of the Police Ombudsman has indicated the Ombudsman will carry out the investigation with due expedition.

Mr Morgan’s legal team welcomed the development, but identified a potential wider issue over resources.

Hugh Southey QC said: “We have a degree of sympathy with the Ombudsman, our understanding is that the Ombudsman has budget difficulties.”

Despite written assurances about the probe into the Thierafurth Inn attack, proceedings were adjourned to consider whether to pursue a case over an alleged breach of human rights.

The case is based on information which allegedly points to collusion between the security forces and the UVF operating in the South Down area at the time.

It followed the publication of a Police Ombudsman report into the Loughinisland massacre when

loyalist gunmen murdered six Catholic men watching a World Cup football match at a bar in the village in June 1994.

In 2016, the previous Ombudsman, Dr Michael Maguire, identified collusion with some police as a significant feature in the Loughinisland murders.

Outside the High Court last week, Mr Morgan’s solicitor, Gavin Booth of Phoenix Law, said: “We welcome today’s announcement by the Police Ombudsman that the investigation into the Thierafurth Inn [shootings] will now take place immediately.

“This challenge was brought about by the chronic underfunding of the Ombudsman by the Department of 

Justice and remains a wider issue for many families bereaved during the Troubles.”

Mr Booth added: “The Justice Minister should now immediately review the funding decisions of this office so not to add further delay to all families affected.”

South Down MP Chris Hazzard has welcomed confirmation from the Police Ombudsman that her office will now investigate the 1992 UVF gun attack.

Speaking outside the High Court, he described confirmation of the decision to expedite the murder investigation as a “positive development for the Thierafurth families in their search for truth and justice”.

He continued: “Like many families, they have endured unacceptable delays to date and a denial of their rights to a proper investigation into the killing of a loved one. 

“Today’s hearing comes as a great relief; not only has the Police Ombudsman confirmed in open court that there will be an investigation, but that investigation will begin promptly, proceed with due expedition and will conclude in a timely manner. 

“The Department of Justice now need to ensure that adequate resources are available for the Police Ombudsman’s office to complete over 400 outstanding legacy investigations in advance to the Historical Investigations Unit being established.”

Mr Hazzard said the British government need to “stop stalling” and implement the mechanisms it agreed in 2014 in the Stormont House Agreement in a human rights compliant manner so the endless list of families who are still waiting can get truth and justice.