From Relatives for Justice:

Yesterday evening the family of Roseanne Mallon sat at the 35th preliminary inquest hearing into the death of their 76yr old aunt in May 1994.
 
This attack, observed by undercover British soldiers, and carried out by a UVF death squad also injured their mother Bridget Mallon.
 
High Court Judge Reg Weir, the Coroner in the Mallon case, expressed his dissatisfaction and frustration at the PSNI and Ministry of defence for their continued tactics of delay and avoidance.
 
He told the counsel for the MoD and PSNI that their refusal to meet deadlines for providing relevant materials to the inquest is “unsatisfactory and inconsiderate”.
 
He told the representatives for the MoD that it is not for the MoD to decide how this matter proceeds and that the MoD were clearly moving at their own time in their own way and despite this - it is not for them to determine the timetable.
 

This statement came as a further application for delay in provision of relevant materials to the coroner was made. This follows three earlier extensions of time already having been granted since December 2009.

Counsel for the MoD and PSNI stated that the PSNI will be seeing the Minister Paul Goggins next Tuesday and requesting that he conduct a “balancing exercise”  on the materials which may be provided to the coroner’s court and applications for Public Interest Immunity. The Ministry of Defence were less certain as to when the British Minister for defence Bob Ainsworth would be available to conduct a “balancing exercise” into military materials and determine on what and whom Public Interest Immunity would be requested. They have requested that they received an extension for this until 1st April.

Judge Weir expressed his deep frustration particularly at the Ministry of Defence on this matter. He stated that timetabling cannot be left in the hands of interested parties. He told the solicitor for the MoD Mr Murray that the letters emanating from him were a model of obfuscation on every point.
 
On this discussion counsel for the Mallon family Fiona Doherty stated that the PSNI and MoD are minded to ignore all deadlines. It is clear at this point that Public Interest Immunity applications have not been done or prepared, despite the assertion that British ministers will be conducting balancing exercises this week.

Despite allowing an extension until the 1st April Mr Weir stated that the application was wholly unjustified and despite him not being happy about it he was only allowing it on faith of the assurances that all obligations would be met by 1st April – and he will see if this deadline is complied with.
 
Speaking last night Martin Mallon, the nephew of Roseanne Mallon said:
 
“This was another deeply disappointing day. It was the 35th time I have sat in a Coroner’s Court hoping that all matters will be moved along so we can begin the inquest.
 
“While Judge Weir was scathing in his comments to the PSNI and in particular to the Ministry of Defence – we have been here before with the Coroner in Tyrone Roger McLarnon making similar remarks – the MoD and PSNI just treat all of these occasions and this family with total contempt.
 
“It is unbelievable that it was just taken as acceptable that two British ministers in Downing Street would be used as another reason for delay. This was a killing of 76 year old woman sitting in her own home by an illegal paramilitary organisation. Why are the PSNI and MoD seeking Public Interest Immunity Certificates in such a case?
 
“We of course know now that our house was under surveillance. We know that the British army watched as the killing took place.
 
“The questions to be answered are whether the British state also ordered and directed the killing of my aunt and wounding of my mother that night. Were there state agents involved? These delays and the interventions of British ministers do nothing to allay our suspicions. Why would the PSNI and British government through its ministers seek a gagging order in relation to the murder of our aunt - a 76 old pensioner - and the wounding of our mother by an illegal paramilitary organisation?
 
“This killing happened in 1994 – 16 years ago. The longer this runs on the more impact it has on our family and on the wider community.
 
“We are now of course concerned that there will be direct political intervention into this inquest.
 
“They have until April Fools Day to hand over all materials and have all their paperwork completed – we shall see who the fools are.”
 

The Friends of the Mc Daid Family Appeal are calling for an end to the sectarian intimidation of the Mc Daid family.The call follows the news that Evelyn Mc Daid and her family have been forced to move from their Coleraine home following the ongoing campaign of sectarian harassment of the family since the murder of Kevin Mc Daid in May this year.

The Group are also demanding that Mark and Ryan Mc Daid are released on bail following the decision of the PSNI to charge them with making threats against one of those charged in relation to the events surrounding the murder of Kevin Mc Daid.'' The decision to refuse bail to Ryan and Mark Mc Daid is in sharp contrast to how the bail applications of  many of those accusedof involvement in the murder of Kevin Mc Daid were treated'' A spokesperson for the Appeal has also called on the new Victims Commissioners to meet with the family to discuss ways in which their safety can we guaranteed. "We will be contacting the Commissioners this week to ask them to meet with the Mc Daid family".

From Relatives for Justice (statement followed by comments from Tommy Carroll, brother of Roddy):

A preliminary inquest hearing this morning heard from lawyers, acting on behalf of PSNI Chief Matt Baggot, request an extension in order to prepare redactions and submit Public Interest Immunity Certificates, more commonly known as gagging orders, in respect of the Stalker/Sampson Reports into shoot-to-kill.
 
Previously senior Coroner John Leckey had given the new PSNI chief a deadline of September 9th to provide the reports but he failed to meet this deadline. His predecessor, Hugh Orde, had similarly failed to meet deadlines.
 
However, this morning at Belfast Coroners Court an extension was granted by Coroner John Leckey until the end of February 2010 in which redacted copies of the report will be provided to court.
 
It was also agreed that a format for making these available would equally occur enabling all those represented to receive the reports and associated materials. Reference was made to potential protocols recently discussed by all parties involved in the inquest into the murder of Roseanne Mallon in which Justice Weir instructed that the timeframe initially set out by the PSNI, under instructions from MI5, in assessing material evidence were too lengthy.
 
The court was also told that apart from the actual Stalker/Sampson report there were 18 additional boxes containing materials and a number of lever-arch files known as appendices containing statements. The latter were said by lawyers acting for the PSNI chief to be 'sensitive materials' and that 'applications for Public Interest Immunity concerning these would be made possibly from three separate sources.' It is believed that this may relate to the PSNI, the MoD and MI5.
 

From Relatives for Justice:

Speaking after this morning’s preliminary inquest hearing into the British army’s SAS killings of Martin McCaughey and Dessie Grew, Peter McCaughey, Brother of Martin, issued the following statement through Relatives for Justice (RFJ);

‘The families have already taken the case concerning the killings to the European Court, the British High Court and the House of Lords in our battle to obtain the truth surrounding the killings and for justice to be seen to be done.

 ‘This has been an almost twenty-year legal battle that has taken its own toll in terms of the families – my father Owen passed away and in no small measure the impact of delay, prevarication and stalling of the inquest contributed to his trauma, ill-health and death. My mother is now continuing with the case.

‘At this morning’s hearing we again faced another tactical delay by the British government in the form of the PSNI’s Historical Enquiries Team (HET). As the inquest is now set, after almost twenty-years, to commence the PSNI informed the Coroner that the HET have the case on its schedule to examine and that whilst this would not yet commence until at least the latter part of 2010 it is their intention to examine the killings.

‘‘These killings were part of a clearly organized military plan to kill Martin and Dessie rather than to make safe and effective arrests within the rule of law. We further believe that the shoot-to-kill operation that led to the deaths was sanctioned at the highest political levels within both the NIO and London.

‘The objective on the part of the British government is to continue to prevent the truth concerning the killings from coming to light. The role of the PSNI’s HET must be seen within that context in that it is a contrived farce aimed at managing and suppressing the truth and thus the British government’s policy of shooting dead republicans.

‘For our part we want to publicly state that we do not want any PSNI HET examination of these killings.

The British government has certain legal obligations under both domestic and international law. We want a proper Article 2 inquest in which those responsible for planning, sanctioning and carrying out these killings are accountable to the families and the public for their actions. The HET met none of these requirements and their introduction at this stage is clear for all to see.

‘We will be raising the matter with the Irish government and will consider any legal action in terms of ensuring that this inquest proceeds immediately without any interference or distribution by the PSNI.’ ENDS

Editors notes - For further information please contact RFJ – 02890 220100 or our Dungannon office on 028 87751697

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