Inquest findings into Clonoe killings to be referred to DPP

THE findings of the Clonoe inquest are to be referred to Northern Ireland’s Director of Public Prosecutions (DPP) by the coroner who recently ruled the killing of four IRA members by the SAS in 1992 was unjustified.

At a hearing in Belfast’s Royal Courts of Justice today, Mr Justice Michael Humphreys stated that he would refer the case to DPP Stephen Herron for review.

The coroner confirmed if an inquest discloses evidence that indicates a criminal offence may have been committed, he has no other choice but to, by law, send a report of his findings to the DPP.

Kevin Barry O’Donnell (21), Sean O’Farrell (23), Patrick Vincent (20), and Peter Clancy (19) were shot by British soldiers in the car park of St Patrick’s Church in February 1992, just minutes after they had carried out a gun attack on the Coalisland RUC station.

The findings of the Clonoe Inquest, which were delivered earlier this month, found the killings of the four men were ‘not reasonably justified’ and were carried out with no plan or control in place.

It was found that, on the night of the killings, around 570 rounds were fired by the British Army, with no evidence that any shots were fired by any of the deceased on the scene.

Concluding the findings, the coroner said: “This operation was not planned and controlled in such a manner as to minimise, to the greatest extent possible, the need to have recourse to lethal force.

“Indeed, as is illustrated by the actions of the soldiers and the events which unfolded, the use of lethal force against the PIRA unit was the likely outcome of the operation.”

When giving the verdict, Mr Humphreys said: “In each case, the use of lethal force was not justified.

“The soldiers did not have an honest belief that it was necessary in order to prevent loss of life and the use of force by the soldiers was, in the circumstances they believed them to be, not reasonable.

“The operation was not planned and controlled in such a way as to minimise to the greatest extent possible the need for recourse to lethal force.”

Following the findings, solicitor Niall Murphy who represented the families of the four men said that he and the victims’ families plan to ‘carefully consider’ the findings of the inquest with regards to prospect of prosecution.

“The coroner has quite skilfully and exhaustively summarised the facts,” Mr Murphy said.

“The only conclusion is the verdict which the judge has found today, finding that all four of the deceased were unlawfully killed.”

Mr Murphy also highlighted that, while the truth has been excavated and published, it has not been served.

“We are going to carefully consider this verdict with regards to any prospect of prosecutions.

“I think it’s also correct to observe that today’s verdict is the reason that the Tory government brought in the Legacy Act.

“The Legacy Act was conceived and legislated to ensure that truths such as that published today could no longer be published, and that is why it is so vital that the Legacy Act be repealed in its totality.”