Legacy murder trial over deaths of three RUC members in 1982 stalled by legal ‘conundrum’ on use of inquest evidence

Tanya Fowles, Irish News, May 7th, 2025

COMMITTAL proceedings against a man charged with murdering three police officers in 1982 has been stalled over a legal ‘conundrum’ involving his request to use material from the Stalker-Sampson inquests at his trial.

Martin McCauley (62) from Naas, Co Kildare, was extradited in January for the murders of RUC officers Sergeant Sean Quinn, and Constables Allan McCloy and Paul Hamilton

They were killed in an IRA explosion at Kinnego Embankment near Lurgan in October 1982 when their unmarked car drove over a bomb which was detonated by a command wire.

On first appearing before Craigavon magistrates court a detective explained DNA matching McCauley’s was found on cigarette butts discarded at the scene.

One of the so-called Colombia Three, he and two others were arrested in 2001 accused of training rebel FARC guerrilla forces.

Although initially cleared, they were convicted on appeal and sentenced to 17 years in jail but fled Columbia in 2004, re-emerging in the Republic the following year.

The RUC murders case was scheduled before the most recent sitting to return McCauley for trial however defence counsel advised this could not proceed.

He explained there is material relating to separate cases of the shooting dead of unarmed males – three in Craigavon, two in Armagh and a 17-year-old.

The then Coroner John Leckey viewed these as linked and the inquests were dealt with collectively, until May 2024 when the Legacy Act became law.

Undertakings given

The defence said during McCauley’s extradition proceedings: “The chief constable put on notice that we wish to refer to and rely upon this material. We were subject to undertakings that the material was only for the inquest and nothing outside the coronial court.”

He continued: “We seek to rely on this for the current matters and the request was made on 24 March and eventually a reply was received from the Legacy Investigation Branch. Why it took this long is beyond my comprehension and the tone is quite striking. It suggests our request is ‘procedurally improper and fundamentally unfair’. We are bewildered because we are subject to the undertakings.”

It was pointed out McCauley had successfully appealed a firearms conviction in 2014 and: “That judgment made very uncomfortable reading for the RUC and the security services. Yet we are confronted with an anomalous situation of being in possession of a substantial chunk of the Stalker-Sampson material and according to the PSNI we are not being released from our undertaking.”

The chief constable needs to think again. We cannot presently even refer to the material without putting ourselves in breach of our undertakings and that’s the conundrum

Defence

District Judge Natasha Fitzsimmons enquired who the undertaking was with and was informed it was the coroner whom: “We initially approached to have ourselves released, but he passed it to the PSNI on the basis the coronial proceedings were over. This means the material is in possession of and remains the property of the PSNI with whom the decision was placed.”

The defence insisted to suggest McCauley could have a fair trial without access to the material is, “offensive and absurd”.

“The chief constable needs to think again. We cannot presently even refer to the material without putting ourselves in breach of our undertakings and that’s the conundrum.”

He requested an adjournment to allow further engagement with the PSNI and “hopefully have a sensible response.”

Prosecuting counsel said it is necessary to ascertain: “What the actual dispute is and between which parties because this tripartite between the PPS, defence and PSNI, as well as establishing a mechanism to resolve it.”

Judge Fitzsimmons allowed an adjournment until May 30 when an update is expected around what is in dispute and if there is an agreed way forward.

Soldiers bid to stop fresh inquest into 1972 shooting of OIRA commander

Alan Erwin, Belfast News Letter, Belfast Telegraph, and Irish News, May 7th, 2025

THE Attorney General acted unlawfully in ordering a fresh inquest into the killing of an Official IRA commander 53 years ago, the High Court heard yesterday.

Counsel for two former paratroopers acquitted of murdering Joe McCann claimed it was irrational to direct the new tribunal just before all Troubles-era cases were halted.

A judge was also told that another inquest will never be able to establish who fired the fatal bullet.

Mr McCann (24), was shot in disputed circumstances by a British Army patrol near his home in the Market area of Belfast back in April 1972.

Parachute Regiment, Soldiers A and C, were subsequently accused of his murder.

But in 2021 they were formally acquitted after the trial collapsed because key evidence based on statements given to Royal Military Police back in 1972 and to Historical Enquiries Team (HET) investigators in 2010 were ruled inadmissible.

Following that outcome members of Mr McCann’s family pressed for the establishment of another inquest.

Fresh hearing

In April last year Attorney General Brenda King announced that she had directed a fresh hearing, saying it would not be inhibited from considering the soldiers’ written statements and would be able to provide a public record of what occurred.

The move was made just two weeks before the controversial legacy act introduced by the previous Conservative government brought an end to Troubles-era inquests.

Lawyers representing Soldiers A and C have brought judicial review proceedings in a bid to have the Attorney General’s decision quashed.

Their barrister, Joseph Aiken KC, argued the order made to the Coroner’s Service was both unlawful and irrational.

“There is an issue of general public importance, can a public authority direct another public authority to do something, knowing it’s impossible for that decision to be complied with,” he submitted.

The court heard Soldier A now has brain damage and continues to suffer from related health issues.

His former colleague, Soldier C, provided an affidavit that the decision to order a fresh inquest has brought back the distress and difficulties he endured during the criminal proceedings.

During submissions Mr Aiken repeatedly questioned the advisability of the Attorney General’s move.

Most rounds fired by soldier who subsequently died

Eight shots were fired by members of the army unit when Mr McCann was killed, the court heard.

Six of them were discharged by another paratrooper who has since died, Soldier B.

Counsel stressed how the judge at the criminal trial has already stated it cannot be established who fired the fatal round.

All other statutory questions which an inquest must address have already been answered, it was contended.

Mr Aiken added: “There is no dispute about how Mr McCann met his death, he was shot by one or other of three soldiers, according to judgments that have been set out.”

Changes in law

Tony McGleenan KC, for the Attorney General, countered that the challenge should be dismissed due to the current legislative circumstances.

“As the law stands today the direction (to hold a fresh inquest) can have no legal consequences,” he said.

“It’s not possible for an inquest to be convened in this case.”

Mr McGleenan told the court there is currently no timetable for primary legislation required to change the current position.”

Reserving judgment Mr Justice Humphreys pledged to give his decision as soon as possible.

Joe McCann was shot dead near his home in the Market area of Belfast

Tone of some unionists encouraging people to take up Irish

Belfast News Letter, May 7th, 2025

A letter from Arnold Carton:

I have never been a fan of Belfast City Council policy on dual language street names and believe that it was always a recipe for repeated battles over identity and culture, rather than doing anything to promote the Irish language.

How does adding Céide Suffolk to a sign saying Suffolk Drive, or adding Céide Knutsford to the Knutsford Drive sign encourage people to learn Irish?

If that was the objective then Belfast City Council should consider taking up the suggestion that I made last year of having a QR code taking anyone interested to an online pronunciation of the Irish word.

The current policy just provides the perfect issue for any unionist who wants to grow their reputation as a tough unionist to stand up for the encroaching of Irish in formerly unionist areas.

As a retired teacher, I know that learning a language is difficult and takes much hard work, yet Irish language learning seems to be growing in popularity. Where do new learners get the incentive?

Could it be that some of our unionist spokesmen who seek publicity by being rude about the Irish language are providing the incentive and actually encouraging people to take up Irish?

Several times over the past few years I have appealed to unionist politicians, both directly and via letters in the News Letter and other publications to try and come up with a common strategy to take the heat out of this issue.

Sensible suggestion

Surely it is time for a common strategy to be agreed between the DUP and UUP to calm this down and make a sensible gesture on Irish placenames, along the lines of something I suggested to both parties directly in the past.

That all towns in Northern Ireland have the signs on entry displaying both the current name and original Irish name (where appropriate) with an explanation of the Irish for non-speakers.

This could be reinforced in the geography syllabus with schools required to teach the 15 most common Irish words that crop up in town names.

As a former teacher, I know this would not be popular with all, but Irish does have some relevance at the town name level, in a way it does not for streets and preparing our unionist young people for a world where they will come across some Irish names seems sensible.

Perhaps the News Letter could help encourage a sensible debate about unionism’s long-term strategy over Irish.

Arnold Carton, Belfast BT6

Nesbitt's plan to tackle waiting lists welcomed

John Breslin, Irish News, May 7th, 2025

New surgery hope for patients on wait lists – if they can afford to pay and claim the cost back

PATIENTS waiting two years or more for treatment will be allowed to pay for procedures outside the north and claim the money back, starting next month.

Under Health Minister Mike Nesbitt’s plan, backed by an initial £10 million, people will be able to apply to have surgery in the Republic, followed by an extension to the rest of the EU.

The medical reimbursement scheme will be available to patients waiting two years or more on a hospital treatment waiting list in Northern Ireland, which has the worst of any area in the UK. Concerns are being asked about whether people will have enough money to pay up-front.

Those taking part will need approval from the Department of Health.

Mr Nesbitt said: “These planned investments reflect the executive’s ringfencing of up to £215m in this year’s health budget for waiting list activities, in line with the finalised Programme for Government.

“This breaks down into £85m for red-flag and time-critical care; £80m for building up capacity to address the long-standing mismatch with demand; and up to £50m to start tackling the backlog in care.

“Investment at this level will need to be sustained for at least five years to bring hospital waiting times down to acceptable levels. We are only at the foothills of what will be a long uphill trek.”

Other initiatives announced by the minister yesterday include:

• Targeting long waits (four years or more) including hip, knee and other orthopaedic treatments; tonsillectomies; hernia treatment; gallbladder removal and colonoscopy.

• Significantly reducing waiting lists for children requiring specialist procedures such as peg tubes, scopes and scoliosis surgery, as well as waits for women needing gynaecology mesh removal procedures.

Minister’s measures include:

• Partnership arrangements with independent sector providers to clear outpatient waits of four years plus in ophthalmology, orthopaedics; general surgery; gynaecology, ENT and other specialties.

• £10m in funding for “mega clinics” for an estimated 20,000 additional patients. These will provide groups of patients with a “onestop shop” which can involve surgical review and anaesthetic preoperative assessment in a single appointment.

• Expansion of red flag and time-critical capacity across specialties including endoscopy, diagnostic imaging, urology, breast surgery, dermatology, systemic anti-cancer therapy and cardiac surgery.

• Expansion of primary care elective service capacity in dermatology, minor surgery and gynaecology.

Mr Nesbitt said: “I will provide more details on the different initiatives later this month with publication of an implementation plan for my department’s Elective Care Framework.”

Will be judged by results - SDLP

SDLP health spokesperson Colin McGrath MLA said the “only way we can judge the success or failure of this plan is through results”.

“We cannot continue to rely on outside health providers over whom we have no control and this plan also wishes to repurpose existing staff at a time when many are already at the point of burn-out and trusts are being asked to make further savings,” the South Down MLA said.

“While the return of cross-border healthcare is welcome and a long-standing ask of the SDLP, we are also concerned that people are being asked to pay up-front and then be reimbursed. Nobody’s access to healthcare should depend on how much money they have.”

Alliance health spokesperson Danny Donnelly MLA welcomed Mr Nesbitt detailing plans to address “appalling” waiting lists in Northern Ireland, but said the lack of reference to those on mental health waiting lists is cause for great concern.

“With over 400,000 waiting for a first outpatient appointment and over 170,000 waiting for a diagnostic test, far too many people here are living the reality of the dire state of our waiting lists every day,” Mr Donnelly said.

“With that in mind, the announcement of this plan from the health minister is to be welcomed.

“However, actions speak louder than words and we must now see tangible action undertaken to deliver real change to the experience of those waiting for care.”

Health Minister Mike Nesbitt has announced a series of measures including a plan for patients to be reimbursed for treatment outside north

Sinn Féin MLA Philip McGuigan said that “given the recent and very concerning publication of cancer waiting times, the minister must take urgent action to bring red flag referral figures back under target”.

He added: “It’s also positive that it was announced today that the Cross Border Directive Scheme – which has helped many patients here access timely healthcare – is to be available from June.”

Jonathan McCambridge, Belfast Telegraph, May 7th, 2025

SCHEME WILL ALLOW PATIENTS TO CLAIM BACK THE COSTS OF TREATMENT OUTSIDE NORTHERN IRELAND

The Health Minister's plan to reduce waiting lists with a package of initiatives — including a cross-border reimbursement scheme — has been welcomed by other parties.

Mike Nesbitt said an initial £10m would be invested in the scheme, allowing people to claim back costs when they receive treatments outside Northern Ireland, subject to qualifying criteria.

Beginning in June, it will apply to procedures obtained in the Republic of Ireland and will subsequently be extended to the rest of the European Union.

The reimbursement scheme will be available to patients waiting two years or more on a hospital treatment waiting list in Northern Ireland.

Worst waiting lists in UK

Northern Ireland currently has the worst hospital waiting lists of any area in the UK. Patients who take part in the new scheme will require prior approval from the Department of Health.

The minister said: “These planned investments reflect the Executive's ringfencing of up to £215m in this year's health budget for waiting list activities, in line with the finalised Programme for Government.

“This breaks down into £85m for red flag and time-critical care; £80m for building up capacity to address the long-standing mismatch with demand; and up to £50m to start tackling the backlog in care.

“Investment at this level will need to be sustained for at least five years to bring hospital waiting times down to acceptable levels.

“We are only at the foothills of what will be a long uphill trek. I will provide more details on the different initiatives later this month with publication of an implementation plan for my department's Elective Care Framework.”

DUP MLA Diane Dodds said it was “a welcome statement that says all the right things, but, of course, we need to see the plan and how it will be implemented. That is the most important thing”.

She also queried whether someone on a long-term waiting list would be able to “get the money up front to pay for the treatment” if they wanted to go outside Northern Ireland.

Paying up front

Sinn Féin MLA Philip McGuigan also welcomed the plan, but added: “Given the recent and very concerning publication of cancer waiting times, the minister must take urgent action to bring red flag referral figures back under target.

“It's also positive that it was announced today that the Cross Border Directive Scheme — which has helped many patients here access timely healthcare — is to be available from June. This will allow patients who have waited more than two years on waiting lists to access treatment in the south.”

Ulster Unionist health spokesman Alan Chambers MLA said: “The statement will also be hugely welcomed by those across Northern Ireland who are currently on a waiting list and will offer hope to those who are in pain.”

SDLP Opposition health spokesman Colin McGrath MLA welcomed the commitment from the Health Minister to provide clear results of his plan to tackle health waiting lists.

However, he echoed DUP concerns, adding: “While the return of cross-border healthcare is welcome and a long-standing ask of the SDLP, we are also concerned that people are being asked to pay upfront and then be reimbursed. Nobody's access to healthcare should depend on how much money they have.”

'They are committing genocide in Gaza', says Eastwood after appearing in court over protest

Andrew Madden, Belfast Telegraph, May 7th, 2025

FOYLE MP QUESTIONS PPS ON DECISION TO PROSECUTE OVER LINKS TO PRO-PALESTINE RALLY

Former SDLP leader Colum Eastwood is set to challenge the basis for prosecuting him for taking part in an unnotified parade, a court has heard.

After appearing in court, the Foyle MP pledged that he won't stop “standing up for the people of Gaza”.

The charge relates to a pro-Palestine rally held in Londonderry in February last year which was held at the War Memorial in the Diamond area of the city centre.

After the speeches, participants walked to Derry's Guildhall.

Under legislation here, organisers of parades and processions must obtain permission from the Parades Commission in advance.

Mr Eastwood (42), along with several others charged over the same event, appeared before Londonderry Magistrates Court yesterday morning. Outside the court, a group of supporters gathered, with some holding placards and wearing t-shirts with the slogan “Protesting genocide is not a crime”.

Solicitor Ciaran Shiels, representing Mr Eastwood, said he was “at a loss to understand” why the Public Prosecution Service (PPS) has decided to prosecute his client over his attendance at the rally.

Rally was peaceful

He said the rally was peaceful and did not cause any obstruction.

The court was told that he and two of the other defendants are to ask the PPS to review the basis for pursuing the case.

The two other defendants requesting the review are university lecturer Goretti Horgan, (69), from Westland Avenue in Derry, and fellow pro-Palestinian activist Davina Pulis, (36), from Knoxhill Avenue in the city.

Mr Shiels told the court: “We're at a loss to understand how this short procession from the Diamond to the Guildhall, which was totally peaceful and caused no obstruction to the public, and we are not aware of any complaint from the public, and in respect of 50,000 civilians being bombed to pieces, including 20,000 children, we are at a loss why the PPS believe it's in the interests of justice to prosecute any of these individuals.”

Mr Shiels said when a similar short procession took place by family members of the Bloody Sunday victims in respect of the case of Soldier F last year, no prosecutions took place.

Judge Heaney adjourned the case for four weeks.

Outside the court, Mr Eastwood said he would not be deterred from “standing up” for the people of Gaza.

“The people who are standing here today as defendants respect the law, we respect this court,” he told reporters outside Derry Magistrates' Court.

“But, actually, we were marching and protesting, and have been for years now, against a bigger, a more important law being broken, and we are seeing the Israeli government in the dock in the highest courts in the world because they are committing genocide in Gaza.

“They are right now deliberately starving children. There are trucks of aid lined up at the border of Gaza that can't get in.

“They have just announced that they're going to, as we've always known they were going to do, fully occupy the Gaza Strip and try to rid it of the Palestinian people.

“That is the crime that we and many other people in this city were protesting on that evening and it is, frankly, bizarre to anybody with any basic understanding of the justice system why the PPS would be deciding that this was the thing that they should be focused on.

“I frankly, given the amount of work I've done with victims over the years and other people, can't understand how this seems to be a priority for them.

“I don't think anybody who's a defendant, in this case, will ever be put off standing up for the people of Gaza and standing up for the rule of law around protecting people from a genocide, one that is being committed live on our TV screens and global powers are doing nothing other than enable it by providing the Israeli government with weapons.”

Mr Eastwood insisted the parading laws in NI had not been designed for events such as the one he had participated in last February.

Bizarre legal decisions

“It's not for me to determine how this law is adjudicated upon, but it was set up because certain Orange Order bands were determined to march past nationalist estates and end up creating mayhem on the streets,” he said. “This law was not written and was not brought into law to stop people protesting genocide.

“Nobody was put out on Shipquay Street (in Derry) on that day. In fact, people were beeping their horns in support of us because I know — people are absolutely opposed to what's happening in Gaza and will stand with whoever has to stand up against that.”

In a similar case in 2023, when Mr Eastwood joined families of those killed on Bloody Sunday in 1972 in an impromptu walk from the Diamond area to Derry's courthouse, the PPS decided against prosecuting those involved after determining it would not be in the public interest.

The former SDLP leader drew a comparison with that decision as he criticised the PPS move to prosecute in relation to the Gaza event.

“The PPS have some bizarre mechanism it seems for deciding when a previous case, just like this one, was deemed not to be in the interest of justice to prosecute, now this is for some reason,” he said.

“That's a question that they're going to have to answer, but I think the court will have a view on that, and it strikes me as very bizarre.”

Mickey McKinney, whose brother William was killed on Bloody Sunday, accompanied Eastwood into court yesterday in a show of support.

Co-accused Goretti Horgan told reporters that it was her “duty” to protest against what was happening in Gaza.