Family in murder probe legal bid

Searches were organised to look for missing man

The family of a nationalist councillor found murdered nearly 30 years ago are to go to the High Court in Belfast in an attempt to establish an independent inquiry.

Patrick Kelly's family say they do not believe a new Police Service of Northern Ireland investigation will uncover the truth about the killing, and are to take the legal action in September.

They have refused to back the PSNI investigation, and have called for it to step aside and let an outside force investigate.

The 33-year-old went missing after locking up a bar in Trillick, County Tyrone, on 24 July 1974.

His body was found three weeks later, 10 miles away in Lough Eyes in Fermanagh. He had been shot several times and his body had been weighted down.

The loyalist paramilitary Ulster Freedom Fighters admitted the murder.

Police had been under intense pressure to launch a fresh investigation amid claims of collusion between the killers and the security forces in the murder.

Family solicitor Pat Fahy said the PSNI were an unfit and unsuitable force to investigate the murder.

"We want the courts to intervene so there can be a proper investigation into Patrick's murder," he said.

"The allegations of security force collusion in the case and the failure of the PSNI to properly investigate it to date, means they cannot be seen as a reasonable authority to examine it."

Mr Kelly, an independent nationalist councillor on Omagh District Council, was shot on the Badoney Road as he drove to his home at Golan.

Hundreds attended Mr Kelly's funeral in 1974

That same night bloodstains, shirt buttons and cartridge cases were found on the roadside a mile from Trillick, where it is believed he met his killers.

A major search was launched after the roadside discoveries, but it was called off a week before Mr Kelly's body floated to the surface of the lake.

The murdered man's brother, Peter, a Sinn Fein councillor in Omagh, said he believed the security forces were involved in the murder.

Mr Fahy said: "We asked the police to step aside and allow an outside force to come in and take over the case but they refused.

"Detective Superintendent Hunter was only brought in within the last two months as a half measure to respond to our application for a judicial review of that decision.

"But we still think the case has a good chance of succeeding and the family will not be satisfied until there is an independent investigation into Patrick's murder."

On Tuesday, Detective Superintendent Andrew Hunter, who is heading up the inquiry team, said he was aware of the controversy surrounding this case, of rumours and allegations.

"I am acutely aware of the sensitivities and difficulties involved but my objective is to uncover the truth and, if possible, bring those responsible for Mr Kelly's murder before a court."