Police evidence can be anonymous

Robert Hamill was attacked by a loyalist mob in 1997

Ex-RUC officers can ask for anonymity when they testify at an inquiry into the death of a Portadown man.

The High Court ruling overturns a decision that officers would have to give evidence in public at the inquiry into the 1997 death of Robert Hamill.

The judge upheld an application brought by an ex-officer, known only as L, on behalf of about 20 colleagues who have been called as witnesses.

Ex-officers will now be able to make their own claim for anonymity.

Mr Hamill, a 25-year-old Catholic, died in hospital after being attacked by a loyalist mob in Portadown in 1997. No-one has been convicted over his death.

Police have denied eye witness claims that four RUC officers in a Land Rover saw what was happening and failed to intervene.

The inquiry into Mr Hamill's death has been set up to determine if there was any wrongful act or omission by police which facilitated Mr Hamill's death or obstruction of the investigation into it.

Nothing should detract from the determination of the serving and former officers go give evidence at the inquiry Stephen McCann Police Federation

The police witnesses challenged the refusal of anonymity because they claimed that if their identities were made known their lives would be at risk.

But their application to be screened and known only by an initial was turned down by the inquiry, headed by retired judge Sir Edwin Jowitt.

In the High Court on Friday, Mr Justice Morgan held that the inquiry's approach to Article 2 of the European Convention on Human Rights - the right to life - was flawed.

A lawyer for the inquiry said they would study the reserved judgement before deciding whether or not to appeal.

The decision was welcomed by Stephen McCann, treasurer of the Police Federation which supported the court action.

He said: "Nothing should detract from the determination of the serving and former officers go give evidence at the inquiry.

"However, if they are to be compelled to give evidence they must be protected from attack by members of our society who have no interest in hearing the truth."