Cappagh victims’ families sue PSNI and MoD over alleged collusion

Police and the Ministry of Defence are being sued over alleged security force collusion in the loyalist killing of three IRA men in Cappagh.

Bereaved relatives and survivors have issued High Court proceedings in connection with the UVF gun attack at Boyle’s Bar in the village in March 1991.

IRA members Malcolm Nugent, Dwayne O’Donnell and John Quinn were shot dead as their car pulled up outside the village pub.

A fourth victim, 52-year-old civilian Thomas Armstrong, was also killed by shots fired into the bar.

Lawyers for the Armstrong and O’Donnell families launched legal action after a draft report linked UDR soldiers to the attack.

The report, by the now defunct Historical Enquiries Team (HET), stated that three part-time members of the regiment were later named in intelligence as being involved in the murders.

They were arrested and questioned but never charged.

The report also concluded that the original RUC investigation was comprehensive and correctly focused on the UVF.

However, a gun used in the Cappagh attack was said to be part of a shipment of weapons imported by loyalist paramilitaries in the late 1980s with the involvement of Army agent Brian Nelson.

Failures have also been alleged against police over delays in attending Boyle’s Bar after the shootings and in taking witness statements.

Damages are being sought against the PSNI, as successor to the RUC, and the Ministry of Defence for suspected misfeasance in public office, according to statements of claim.

A number of other individuals who attended the pub are also taking legal action.

In court yesterday it was confirmed that the allegations are denied.

Adjourning proceedings, Mr Justice Rooney listed the cases for a further review next month.

Speaking outside court, a solicitor for the plaintiffs said it has now emerged that 20 files of investigative material have to be disclosed for the legal action.

Gavin Booth of Phoenix Law also claimed the draft HET report provided evidence that members of the 8th Battalion of the UDR were involved in the attack at Boyle’s Bar along with UVF gunmen.

“Today we have now learned that at least 20 folders of materials exist in PSNI archives in relation to these murders,” he said.

“It is hoped that this discovery will finally allow the families to learn what happened to their loved ones and who was responsible for the horrific acts at Cappagh.

“We look forward to a trial date in the coming weeks.” ends