Human rights violated, court hears

Lawyers for the families of three Lurgan men who were killed in 1982 have claimed the delay in holding an inquest is infringing on relatives human rights.

The inquest into the deaths of Eugene Toman, Sean Burns and Gervaise McKerr was held up following a challenge by the Chief Constable.

Police are seeking a judicial review of an order from senior coroner John Leckey to hand over edited copies of probes into a series of controversial RUC shootings 28 years ago.

The so called ‘shoot-to-kill’ deaths took place Lurgan and Armagh in 1982.

An investigation into the police role in the deaths of Toman, Burns and McKerr was carried out by former Greater Manchester Police Deputy Chief Constable John Stalker and Sir Colin Sampson of the West Yorkshire Police. The Stalker/Sampson reports have never been made public.

As well as the Toman, Burns and McKerr inquest Mr Leckey also plans to hold inquests into the deaths of Catholic teenager Michael Tighe in November 1982 and suspected INLA men Roddy Carroll and Seamus Grew, killed near Armagh a month later.

Mr Leckey is also to re-examine the deaths of RUC officers John Quinn, Allan McCloy and Paul Hamilton in October 1982. The three died when a remotely detonated bomb buried in a roadside culvert near Lurgan exploded as they passed in their armoured police car.

Karen Quinlivan, appearing for the families of Toman, Burns and McKerr pointed out how the inquests were only aborted following an earlier ruling that the Stalker/Sampson reports were not relevant.

She also argued: "The public interest requires this application to be dismissed at the earliest opportunity.

"My clients Article Two rights (under the European Convention on Human Rights) are being violated by the ongoing delay."

Judge Mr Justice Gillen reserved his decision on the application for leave to seek a judicial review. His judgment is expected to be delivered shortly.