Nelson probe anonymity challenge

Rosemary Nelson died in a car bomb in March 1999

The High Court has granted 12 soldiers permission to challenge the refusal of anonymity by the inquiry into solicitor Rosemary Nelson's murder.

The Royal Irish Regiment witnesses want the protection amid fears they could be put at risk from dissident republicans if their identities are made public.

A judge granted them leave to apply for a judicial review of the decision.

Mrs Nelson, 40, died after a booby-trap bomb left by loyalists exploded under her car in March 1999.

Retired judge Sir Michael Morland is chairing a three-strong panel examining alleged security force collusion.

A lawyer for the soldiers told Tuesday's hearing in Belfast: "We say the names in this case would be of interest only to dissident terrorists."

He said withholding their identities would have no impact on the inquiry's ability to do its job properly.

The family of Rosemary Nelson rightly expect that acts of public servants and working practices of the state shall, if possible, be scrutinised in public by the inquiry Inquiry lawyer

Under its remit, the inquiry must determine whether the Royal Ulster Constabulary (RUC), Northern Ireland Office (NIO), Army or other state agency facilitated the murder, or blocked attempts to investigate it.

The collusion allegations arose because of Mrs Nelson's role as the legal representative in a number of high profile cases, including that of the nationalist Garvaghy Road Residents' Coalition in Portadown.

More than 100 witnesses, including the soldiers, are expected to give evidence to the three-strong panel chaired by Sir Michael.

Interim order

A lawyer for the inquiry said there were compelling reasons for naming the soldiers.

"The family of Rosemary Nelson rightly expect that acts of public servants and working practices of the state shall, if possible, be scrutinised in public by the inquiry," she said.

Mr Justice Weatherup accepted proper consideration was given to the areas of greatest dissident republican activity and their relation to where witnesses live and work.

He ruled that an arguable case had been established on the grounds of compelling justification needed to refuse anonymity.

The case will now be taken to a full judicial review hearing next month, with an interim order banning any publication of the soldiers' names also imposed.

Last September, a Police Ombudsman report found that threats made against her months before she was murdered were not properly investigated by the RUC.

The inquiry, which opened in 2005 to set out its terms of reference, has already gathered tens of thousands of documents.

Established by former Secretary of State for Northern Ireland Paul Murphy in November 2004, the hearings could last for at least two years.

The inquiry panel is also comprised of Dame Valerie Strachan, former chairman of the board of Customs and Excise, and Sir Anthony Burden, former chief constable of South Wales Police.