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Last Updated: Wednesday, 3 September, 2003, 16:27 GMT 17:27 UK
Families to consider EU action
The families of ten people killed in controversial circumstances in Northern Ireland say they may go to the European Court to discover the truth about the deaths.

Inquests into the deaths of Catholic pensioner Roseanne Mallon, Jack and Kevin McKearney, and seven IRA men were adjourned at Dungannon Courthouse on Wednesday.

Coroner Roger McLernon adjourned the hearing until 16 September to consider whether he would demand the production of unedited documents relating to the cases from the police and the Ministry of Defence.

He said that whatever decision he reached, the proceedings were almost certainly destined for the High Court.

A legal battle over evidence is ongoing after it emerged that undercover soldiers had Mrs Mallon's home under surveillance at the time of her murder.

The 76-year-old was shot dead at her home near Dungannon by the Ulster Volunteer Force in 1994.

As far as the Ministry of Defence is concerned, they are at all times trying to block any way forward or any movement forward
Martin Mallon
Victim's nephew

The arguments centre on access to soldiers' logbooks and to video footage.

The family of Mrs Mallon accused the police and the MoD of frustrating the inquiry into her death.

Her nephew, Martin Mallon, said his family had been waiting too long for the truth.

"We've had 10 years now for the coroner and these people to deal with this situation," he said.

"As far as the Ministry of Defence is concerned, they are at all times trying to block any way forward or any movement forward and we have to gradually piece-by-piece try to move forward.

"We are at the stage today where hopefully the coroner will make the proper decision and at least let us move forward a piece to see what can be disclosed at that stage."

Sinn Fein MP Michelle Gildernew said the police and the Ministry of Defence could face the European Court of Human Rights if they did not release documents relating to the deaths.

Ms Gildernew said the families of three civilians shot dead by loyalist gunmen and seven IRA men shot dead by the SAS in Co Tyrone would not rest until justice was done.

"We're certainly en route to the High Court and will probably have to go to Europe to get this sorted out," she said.

The coroner must have access to all the documents relating to the deaths in a completely unedited form
Seamus Treacy
Families' solicitor

"The justice system in this country is just not equipped to deal with cases in which there are allegations of collusion."

But Seamus Treacy QC, representing the families of the deceased, told the hearing that the coroner must have access to all the documents relating to the deaths in a completely unedited form.

"He should then decide what was relevant and what should be disclosed," Mr Treacy argued.

Jack and Kevin McKearney were shot by a loyalist gunman as they worked in their family butcher's shop in Moy, County Tyrone, in January 1992.

Four IRA members - Kevin Barry O'Donnell, Patrick Vincent, Sean O'Farrell and Peter Clancy - were shot dead by the SAS in an ambush at Clonoe, County Tyrone, in 1992.

Three others - Peter Ryan, Tony Doris and Lawrence McNally - were killed in Coagh, County Tyrone, in June 1991 when SAS soldiers fired around 200 shots into the stolen car in which they were travelling.

Both incidents have been dogged by allegations of a shoot-to-kill policy within the security forces.


SEE ALSO:
Collusion claim in murder case
11 Apr 02  |  Northern Ireland


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