3 city deaths listedfor ‘legacy’ inquests

THREE Londonderry deaths are scheduled for ‘legacy’ or historical inquests after Europe ordered there has to be an “effective investigation into the circumstances of any death which involves state agents.”

Thirty-four such inquests have been classified as ‘legacy’ across Northern Ireland, according to Justice Minister David Ford.

The 1972 killing of 15-year-old Londonderry schoolboy Manus Deery, who was shot by a sniper from an Army observation post on the city walls, is amongst those listed.

A ‘legacy inquest’ is also listed for the deaths of Londonderry IRA men William Fleming (aged 19) and Daniel Doherty (aged 23) who were killed by the SAS in Gransha in 1984.

Asked about ‘legacy inquests’ at Stormont Mr Ford stated: “There are currently 34 inquests relating to 51 deaths classified as ‘legacy’ or historical inquests.

“There is no statutory right of appeal in Coroners’ cases. Article 2 of the European Convention on Human Rights imposes a procedural obligation to carry out an effective investigation into the circumstances of any death which involves state agents.

“In its submission to the Council of Ministers, the UK Government stated that in the absence of a criminal investigation or public inquiry, the Coroner’s inquest will play a central role in ensuring there is an Article 2 compliant investigation in relation to the historical inquest cases.

“It is not possible to estimate the total cost of each inquest as this will depend on the individual circumstances of each case and factors such as: the legacy caseload; the volume of documentary evidence and number of witnesses; the duration of preparatory work and inquest hearings; and the nature and complexity of any satellite litigation.

“My Department is currently reviewing the resource requirement for historical inquests. The costs of historical inquests are currently being met from the NI Courts and Tribunals Service (NICTS) budget, part of my total Departmental budget.”

According to ‘Lost Lives (McKittrick, Kelters, Feeney and Thornton)’ at the original inquest into the shooting of Manus Deery a soldier said he fired a single shot at a gunman from his position on the City Walls and that there was no-one else around when the shot was fired.

The original coroner said he knew the Army had a hard task but said it should try to ensure that they did not endanger civilian lives. The coronoer described the schoolboy as an ‘innocent bystander.’

The same source says that William Fleming and Daniel Doherty were shot dead on December 6, 1984, by a group of soldiers comprising members of 14th Intelligence Company and the SAS. It was reported they were on their way to kill an off-duty member of the UDR who worked at Gransha.

According to ‘Lost Lives’ DUP spokesman Gregory Campbell said at the time: “I am delighted that the two IRA men were intercepted and executed by the undercover Army squad.

“The only way the IRA will be dealt with is when they are executed. They deal in death and they must be dealt with by death.”

The then SDLP leader John Hume told the House of Commons: “This raises very fundamental questions as to whetehr the authorities have abandoned the rule of law, and whether we are now in a war situation.”

And Labour MP Kevin McNamara was told by the incumbent Defence Minister John Lee that the security forces had fired first in 24 cases in 1984 alone.