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Friday, 17 November 2006, 12:35 GMT

Ruling over victims' post delayed

Bertha McDougall A High Court hearing to further consider what action to take over the appointment of NI's interim Victims' Commissioner has been postponed.

Mr Justice Girvan had strongly criticised the secretary of state last week over the appointment of Bertha McDougall.

He said her appointment was motivated by an "improper political purpose". The case will now happen at a later date.

The judge had invited Mrs McDougall to come to court on Friday.

It was thought she would not give evidence in person but would be represented by lawyers.

West Belfast woman Brenda Downes had challenged the appointment of Mrs McDougall, the widow of a police reservist.

Last week, Mr Justice Girvan said there should be an inquiry into the appointment which he said was a confidence-building gesture to the DUP.

The judge ruled that Northern Ireland Secretary Peter Hain failed to take account of the fact that there was no evidential basis for concluding that Mrs McDougall - whose husband was murdered by the INLA - would command cross-community support.

Peter Hain

Her appointment, he said, was in breach of the accepted merit norms applicable to public appointments.

On Wednesday, speaking on BBC Wales, Mr Hain said he thought the commissioner's next report would vindicate his decision.

"What I think is when this report from Bertha McDougall on a way forward for victims, when that comes to me, I think it will be an important report that will show the way forward and I think that the decision I made will be seen to be the right one," he said.

Mr Justice Girvan upheld an application for a judicial review challenging Mrs McDougall's 2005 appointment to the £50,000 a year post - intended to promote the interests of victims of the Troubles.

The civil service departments advising Mr Hain also came in for criticism from the judge.

Mrs McDougall, 59, a former school teacher, helped set up the victims' group, Forgotten Families.




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Related to this story:
Hain slammed over victims' post (09 Nov 06 |  Northern Ireland )
Hain dismisses suspension calls (11 Nov 06 |  Northern Ireland )
Troubles victims' post challenged (24 Jan 06 |  Northern Ireland )
Victims' commissioner appointed (24 Oct 05 |  Northern Ireland )
Support for victims' commissioner (23 Feb 05 |  Northern Ireland )


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