'New witness' enters murder case

The Torney family

By BBC NI reporter Stephen Walker

A new witness, who claims to have vital information surrounding the murders of a County Tyrone family, has come forward following an investigation by the BBC.

Last autumn, the BBC's investigative programme Spotlight, raised serious doubts about the murder conviction of John Torney.

He is currently serving life for killing his wife and two children at 26 Lomond Heights in Cookstown, County Tyrone in September 1994.

The new evidence has prompted an inquiry by the Northern Ireland Police Ombudsman and the case is also being investigated by the Criminal Cases Review Commission.

Telephone call

At 0038 GMT on 20 September 1994, Sam Hoey picked up the phone inside Cookstown RUC station.

Emma Torney had been shot in the head

Torney told him: "Sam, get the police here immediately to my house. The young boy's gone clean mad."

When the emergency services arrived at the Torney's bungalow they found the bodies of Torney's wife Linda, her daughter Emma and son John Junior. All three had been shot in the head.

John Torney Senior, who was a serving policeman, was later convicted of murdering them.

However, his defence team has always argued that the shooting was carried out by his 13-year-old son and that he then turned the gun on himself.

His defence team claim John Junior had a motive because he had been sexually abusing his sister.

Witness contacted solicitor

Last October, an investigation by Spotlight raised doubts about the evidence against John Torney Senior.

John Torney: Convicted of murder

Since then, a new witness who knew the family, has contacted John Torney's solicitor.

Solicitor Keith Burrows told the BBC: "I was approached after the Spotlight programme was screened, this new witness approached me.

"He said he had important information about the issue of the sexual relationship between the Torney children.

"And it really runs to the heart of the motive issue, in the sense that one was always looking for a motive to establish whether the boy could have carried out these dreadful shootings.

"The information that was made available to us certainly provides a powerful motive."

Allegations

At the original trial, two of Emma Torney's school friends gave evidence that Emma had said she was being abused by her brother.

But during the trial, the judge, Lord Justice Carswell, was cautious about these allegations.

He said the truthfulness of the allegations was "hearsay" and could not be tested.

Although the new witness wishes to remain anonymous, he has been interviewed by the Criminal Cases Review Commission - which will decide if an appeal should be considered.

Police Ombudsman Nuala O'Loan now involved in case

This new information has also prompted Police Ombudsman Nuala O'Loan to intervene.

Mrs O'Loan said: "We have received an application on behalf of Mr Torney in respect of the investigation of his case and we are examining this matter."

Asked if this involved a different timetable, Mrs O'Loan replied: "No, we don't set a timetable on investigations, because any investigation may disclose things that you don't anticipate.

"Or it may disclose nothing, so the investigation could last days, weeks, or even longer."

John Torney's family are pleased Nuala O'Loan is examining the case.

His sister Elizabeth Ferguson said: "I have heard very good reports about Nuala O'Loan and I think she will investigate everything very fully.

"I think she will find out everything - as will the Criminal Cases Review Commission - but I think the ombudsman is there to investigate and I think they will do a very good job."

The RUC said it would be inappropriate at this stage to comment on these developments.

All John Torney's supporters can do is wait for the legal process to take its course.